The Delhi High Court is scheduled to hear on Monday a plea filed by former Delhi Chief Minister Arvind Kejriwal and other individuals discharged in the liquor policy case. The plea seeks the recusal of Justice Swarana Kanta Sharma from presiding over the Central Bureau of Investigation’s (CBI) petition challenging the trial court’s decision to discharge the accused.
Kejriwal Argues Plea in Person
Arvind Kejriwal is expected to argue his recusal application in person before Justice Sharma. The application, which was taken on record by the court on April 6, has been listed for hearing on April 13. Kejriwal’s plea cites a “grave, bona fide and reasonable apprehension” that the proceedings before Justice Sharma may not be impartial or neutral. Similar recusal applications have also been submitted by Aam Aadmi Party (AAP) leaders Manish Sisodia and Durgesh Pathak, as well as other respondents including Vijay Nair and Arun Ramchandra Pillai.
Background of the Excise Policy Case
The excise policy case stems from allegations of irregularities in Delhi’s liquor licensing process during Kejriwal’s tenure as chief minister. On February 27, a trial court had discharged Kejriwal, Sisodia, and 21 other individuals, stating that the CBI’s case did not withstand judicial scrutiny. However, on March 9, Justice Sharma issued notices to all 23 accused on the CBI’s appeal against this discharge order. The High Court noted that certain observations and findings by the trial court at the stage of framing charges appeared prima facie erroneous and required further consideration. Justice Sharma also stayed the trial court’s recommendation for departmental action against the CBI’s investigating officer in the case.
CBI Opposes Recusal Plea
The Central Bureau of Investigation has opposed the recusal applications, terming them as baseless and an attempt at forum shopping. The agency argues that attending a legal seminar does not demonstrate ideological bias, particularly when the seminar’s topic was not political. In its response, the CBI stated that allegations of bias based on such grounds are speculative and lack substantive basis. The agency has cautioned that accepting recusal pleas on such grounds could lead to misuse of the judicial process and undermine judicial independence. The CBI also highlighted that the same Bench has passed both favorable and unfavorable orders in related matters, indicating an absence of bias. The agency has warned that such allegations could amount to contempt of court.
Chief Justice Declined Transfer Request
Previously, Arvind Kejriwal had approached the Chief Justice of the Delhi High Court, D.K. Upadhyaya, requesting a transfer of the CBI’s plea from Justice Sharma to another Bench. However, this request was declined, with the Chief Justice stating that the decision on recusal must be taken by the judge concerned. The High Court has also indicated that proceedings in the related money laundering case may be deferred pending the outcome of the CBI’s appeal in the excise policy case.
❤️ Support Independent Journalism
Your contribution keeps our reporting free, fearless, and accessible to everyone.
Or make a one-time donation
Secure via Razorpay • 12 monthly payments • Cancel anytime before next cycle
(We don't allow anyone to copy content. For Copyright or Use of Content related questions, visit here.)
The Chenab Times News Desk
