Saurabh Kirpal, gay lawyer, should be elevated as judge: Supreme Court recommends again

The court uploaded the letters to the Centre on its website, publicly refuting its objections to the elevation of Saurabh Kirpal to the Delhi High Court, Somasekhar Sundaresan to the Bombay High Court and R John Sathyan to the Madras High Court.

Rejecting all objections, the court has made the recommendations for a second time.

Under the rules, the government has to accept a name that is sent by the Supreme Court Collegium for a second time.

The court's move to make public what traditionally remains a confidential document comes amid the tussle with the government over judges' appointment.

The Centre rejected Kirpal's name along with multiple others in November last year.

The Supreme Court, in its response day, has rejected both reasons cited by the government -- those being the candidate is openly gay and his partner is a Swiss national.

The communications from the Research and Analysis Wing "do not reflect any apprehension in regard to the individual conduct or behaviour of the partner of Shri Saurabh Kirpal having a bearing on national security," read the letter, signed by Chief Justice DY Chandrachud and Justices SK Kaul and KM Joseph.

"The fact that Mr. Saurabh Kirpal has been open about his orientation is a matter which goes to his credit... it would be manifestly contrary to the constitutional principles laid down by the Supreme Court to reject his candidature on that ground," read the letter from the court. 

The court said Kripal could have avoided comments to the media but it is not a negative as the case has been pending for five years.

His elevation, the court added, has to be done expeditiously.