The Narendra Modi government has asked the Supreme Court collegium to “reconsider” several names – including that of senior advocate Saurabh Kirpal – recommended for appointment as high court judges. Kirpal, who is gay, recently told NDTV his elevation has been “stalled” because of his sexual orientation. 

India Ahead reported that “one of the apparent reasons for rejecting Kirpal’s name seems to be the 50-year-old lawyer’s partner, who is a foreigner” – the Intelligence Bureau said “his European partner can become a security risk”.

Kirpal’s father is a former Chief Justice of India. His name was first recommended for elevation in October 2017. According to the Hindu, the collegium had considered his name but deferred its decision on four occasions from 2018 to 2021. 

Last year, the collegium, headed by then Chief Justice of India NV Ramana, had recommended Kirpal’s elevation as a high court judge – a significant decision that would make him India’s first openly gay judge in a constitutional court.

On Monday, the Supreme Court had pulled up the central government for not clearing the collegium’s recommendations for appointment of judges. “We have expressed our anguish,” said the bench headed by Justice Sanjay Kishan Kaul. “...When we persuade youngsters to accept judgeship, their concern is, what is the guarantee the appointments take place in time?”

Newslaundry’s Abhinandan Sekhri sat down with Saurabh Kirpal for an in-depth interview. Watch this space.