Former Delhi Chief Minister Arvind Kejriwal, along with other individuals previously accused in the alleged liquor policy scam, has filed an application seeking the recusal of Justice Swarn Kanta Sharma from hearing the case in the Delhi High Court. The application was moved on Sunday, according to reports from The Times of India and PTI.
The plea for recusal comes ahead of a scheduled hearing before Justice Sharma. According to the Aam Aadmi Party’s legal team, Kejriwal is expected to appear in court on Monday to argue his application in person. This development follows recent court proceedings where the Delhi High Court granted Kejriwal and other respondents an additional opportunity to file their responses to a plea by the Enforcement Directorate (ED). The ED’s plea seeks the expungement of remarks made by a trial court judge, which the agency deems “unwarranted,” during the discharge of the accused in the liquor policy case.
The Delhi High Court had previously set April 22 as the deadline for Kejriwal and others to file their replies to the ED’s petition. Justice Swarana Kanta Sharma had noted that most respondents, except for one, had not submitted their responses even after being granted time on a previous hearing date. The ED, represented by Additional Solicitor General S.V. Raju, argued that the trial court’s remarks were extraneous to the CBI’s case and did not impact the discharge of the accused.
In a related matter, the Delhi High Court had also issued a notice to Arvind Kejriwal on a plea filed by the Enforcement Directorate challenging his acquittal in cases concerning alleged non-compliance with summons under the Prevention of Money Laundering Act (PMLA). This case stems from the same excise policy probe, and the High Court has requested trial court records, with further hearings scheduled for April 29.
The ED’s appeal in this specific matter claims that Kejriwal had “intentionally omitted to obey” the summons and did not join the investigation. However, a trial court had previously cleared Kejriwal of these charges on January 22, stating that the ED had failed to prove deliberate non-compliance.
The broader Delhi liquor policy case involves allegations of irregularities in the formulation and implementation of Delhi’s 2022 excise policy. The issue was initially flagged by the Lieutenant Governor of Delhi, leading to an FIR by the Central Bureau of Investigation (CBI) citing procedural lapses and alleged undue benefits to certain license holders. The ED subsequently launched its own investigation, naming several individuals, including Kejriwal. He was arrested by the ED on March 21, 2024, in connection with the money laundering probe. Kejriwal was later granted interim bail by the Supreme Court for campaigning during the Lok Sabha polls and subsequently received bail from a trial court, which was then stayed by the Delhi High Court.
Earlier, on February 27, a trial court had discharged Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the related CBI case, with the court observing that the prosecution’s case lacked judicial scrutiny. The CBI’s plea against this discharge is also pending in the High Court.
The current recusal application by Kejriwal and others adds another layer to the ongoing legal battles surrounding the excise policy case, with the High Court expected to address the application in its upcoming hearings.
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The Chenab Times News Desk
