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The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal’s openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.

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The Supreme Court Collegium stated that the Intelligence Bureau report noted that nothing came against his integrity who also did not have any overt political leanings, therefore, its adverse comments in respect of posts made by Advocate R. John Sathyan would not impinge on his suitability, character, or integrity.

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“Moreover, after the Supreme Court Collegium reiterated the proposal on 01 September 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government.” said the Collegium.

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The Supreme Court Collegium added that there are no indications of Advocate Somasekhar Sundaresan's links with any political parties with strong ideological leanings and emphasised on the right to free speech and expression under Article 19(1)(a) of the Constitution.

Kirpal
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The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal's openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.

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In the case at hand, a Right to Information application sought the copies of resolution and decision taken in the Supreme Court Collegium’s meeting dated 12.12.2018 regarding elevation of Chief Justices of Two High Courts. However, the application was rejected as no final decision was taken in the said meeting.