Irked over Centre’s delay in elevating Delhi High Court Advocate Saurabh Kripal elevation to the Delhi High Court, CJI SA Bobde has written to Mr Ravi Shankar Prasad ( Law Minister ) and asked to clear once and for all whether the elevation was pending because Kripal is a gay man, reports India Ahead News
In October 2017, the Delhi High Court Collegium had recommended Kirpal’s name for elevation, but the Apex Court deferred its deliberations thrice on the issue.
As per the report of India Ahead News, in the letter, the CJI has pointed out that the Supreme Court did not take the decision even though more than three years have passed.
In his January 2020 letter, CJI Bobde asked Prasad to convey the Centre’s stance regarding Kripal’s elevation in light of RAW’s communications (Research and Analysis Wing) red-flagged his candidature.
The RAW has stated that there can be a conflict of interest due to Kripal’s perceived sexual orientation and his association with a foreign human rights activist.
However, as the RAW had taken information from Facebook pages of specific individuals, it was not strong enough to back the agency’s contentions.
Some Judges who consulted the then CJI Gogoi pointed that Kripal’s should be judged on his knowledge and not his sexual orientation. They also pointed that the Supreme Court had itself decriminalised Section 377.
CJI Bobde has informed the Centre that if they don’t decide on Kripal’s elevation to the judgeship, the Supreme Court will take the call.
Incidentally, in March, the Delhi Court Collegium designated Saurabh Kripal, a Senior Advocate.
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