'Putting RAW, IB inputs in public domain is matter of grave concern'

NEW DELHI: Reacting to the Supreme Court's decision to make public the RAW and Intelligence Bureau (IB) reports on the appointment of judges in the High Courts, Law and Justice Minister Kiren Rijiju on Tuesday said putting RAW and IB inputs in the public domain is a matter of serious concern.

While addressing a press conference on the awards for eCourts Projects, Kiren Rijiju expressed happiness regarding the good work done by the Department of Justice and the impact it has in dispensing justice to the people.

On recent comments made by Supreme Court regarding a delay in the appointments on the Collegium recommendations, the Law minister Kiren Rijiju said, "No one should make a comment on a judicial order. But, these are administrative orders and not judicial. I have seen some tweets that are making comments about NJAC is contempt. The order of the bench is totally different and this is all administrative."

During the media interaction, Law Minister also raised the issue of the pendency of cases and said, "the total pendency is 4 crore 90 lakh cases in the country. Pendency in cases implies to delay in Justice. Justice delayed is justice denied."

"Delivery of Justice is a crucial aspect. The only way to reduce pendency is a coordinated effort of the government and the judiciary. The pendency of a huge number of cases is a matter of concern. The pendency of cases is a major concern, technology is a major solution. We are also considering Alternate Dispute Resolution and mediation," said Rijiju.

Recently, the Supreme Court Collegium has resolved to reiterate its recommendation dated November 11, 2021, for the appointment of Saurabh Kirpal as a Judge of the Delhi High Court and stressed that it needs to be processed expeditiously.

Collegium mentioned the letter of the Law Minister dated April 1, 2021 which states that though "homosexuality stands de-criminalised in India, nonetheless same-sex marriage still remains bereft of recognition either in codified statutory law or uncodified personal law in India and the candidate's "ardent involvement and passionate attachment to the cause of gay rights" would not rule out the possibility of bias and prejudice.

"As regards the first objection, the two communications of R&AW do not reflect any apprehension in regard to the individual conduct or behaviour of the partner of Saurabh Kirpal having a bearing on national security.

There is no reason to pre-suppose that the partner of the candidate, who is a Swiss National, would be inimically disposed to our country since the country of his origin is a friendly nation," SC Collegium clarified.

"Many persons in high positions including present and past holders of constitutional offices have and had spouses who are foreign Nationals. Hence, as a matter of principle, there can be no objection to the candidature of Saurabh Kirpal on the ground that his partner is a Foreign National," SC collegium pointed.

"As regards the second objection, it needs to be noted that the decisions of the Constitution Bench of this Court have established the constitutional position that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation," SC Collegium said.

"The fact that Saurabh Kirpal has been open about his orientation is a matter which goes to his credit. As a prospective candidate for the judgeship, he has not been surreptitious about his orientation," SC Collegium said.

In view of the constitutionally recognized rights which the candidate espouses, it would be manifestly contrary to the constitutional principles laid down by the Supreme Court to reject his candidature on that ground, the Collegium said.

The recommendation unanimously made by the Collegium of the Delhi High Court on October 13, 2017, and approved by the Supreme Court Collegium on November 11, 2021 has been referred back to us on November 25, 2022, for reconsideration.

The proposal has been pending for over five years. The SC Collegium took note of the letters of the Research & Analysis Wing (RAW) dated April 11, 2019, and March 18, 2021, and said that it appears that there are two objections to the recommendation which was made by the Collegium of this Court on November 11, 2021, approving the name of Saurabh Kirpal namely, the partner of Saurabh Kirpal is a Swiss National, and he is in an intimate relationship and is open about his sexual orientation.