Law Ministry tells Parliament that RAW used to clear SC, HC judges’ appointments in “exceptional” cases

The Law Ministry on Friday clarified before Parliament that it has used RAW in “exceptional circumstances” of national security before clearing appointments of judges to Supreme Court and HCs and said this was not a standard practice. The Centre’s response noted that such reports are considered by the government as per memorandum of procedure before approving or objecting to a candidate.

The Law Ministry’s response came in reply to a question posed by Congress MP Manish Tewari. The question posed in Parliament had referred to a SC Collegium resolution. Through the resolution, the SC collegium had made public how the government had used RAW to vet the name of leading lawyer Saurabh Kirpal, who was recommended by the collegium for elevation as a judge of the Delhi High Court.

As per the Collegium resolution, RAW had objected saying – “he is in an intimate relationship and is open about his sexual orientation”. RAW had also objected to his partner being a Swiss national. Based on the RAW report, the Law Minister wrote to the SC collegium stating that while homosexuality stands decriminalised, same sex marriage is still not recognised. The Law minister had further stated that Kirpal’s “passionate attachment to the cause of gay rights” may cause bias and prejudice.

SC Collegium nresolution had rebuffed the centre objection by stating – “that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. The fact that Mr. Saurabh Kirpal has been open about his orientation is a matter which goes to his credit. As a prospective candidate for judgeship, he has not been surreptitious about his orientation”. And with these words SC had proceeded to reiterate Kirpal’s name for elevation as Delhi HC judge.

Post the Collegium resolution, the Law Minister had hit out at the Supreme Court for making the findings of RAW and Law Minister public. Law Minister Kiren Rijiju had cautioned that this was case “grave concern” and that releasing RAW and IB reports in the public may affect intelligence officials on the ground. ​

 ‘Deadly’ for democracy, says Ex-SC judge Nariman slamming Rijiju for ‘diatribe’ against collegium