Delhi HC judge Swarana Kanta Sharma recuses from excise policy case, files contempt case against Kejriwal: Report
Justice Swarna Kanta Sharma recused herself from the excise policy case amid allegations of bias and conflict of interest from AAP. Contempt proceedings were initiated against Arvind Kejriwal and other leaders for derogatory remarks about her on social media.
Delhi High Court Justice Swarana Kanta Sharma on Thursday initiated contempt proceedings against Arvind Kejriwal and several other Aam Aadmi Party leaders, including Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra, and Saurabh Bharadwaj, over alleged defamatory and derogatory remarks made against her on social media in relation to the excise policy case, according to a report by Bar and Bench.
Following the initiation of contempt proceedings, Justice Sharma also recused herself from hearing the excise policy matter, noting that Kejriwal and Sisodia are among the accused in the case.
Quick answers to key questions
Justice Swarana Kanta Sharma recused herself from the excise policy case because she initiated contempt proceedings against Arvind Kejriwal and other AAP leaders for alleged defamatory remarks made against her on social media. She stated that continuing to hear the case might lead to perceptions of a grudge.
Contempt proceedings were initiated against Arvind Kejriwal and other AAP leaders due to alleged defamatory and derogatory remarks made against Justice Swarana Kanta Sharma on social media. These remarks were made in relation to the excise policy case and included a misleading edited video.
AAP alleged that Justice Swarana Kanta Sharma had ties with the RSS and that a conflict of interest arose because both her children work for the central government. They questioned why she did not recuse herself from the excise policy case, unlike in other recent cases.
The Delhi excise policy case became politically sensitive after Arvind Kejriwal's arrest during the 2024 general elections. A trial court had acquitted all accused, including Kejriwal and Manish Sisodia, but the CBI challenged this ruling. The policy itself was introduced to reform the liquor trade but was later withdrawn due to corruption allegations.
The Bar Council of India (BCI) has sought a detailed report from the Bar Council of West Bengal regarding Mamata Banerjee's legal enrolment and practice status. This was prompted by her appearance as a lawyer at the Calcutta High Court, with the BCI needing to verify her license validity and any suspension during her tenure as Chief Minister.
"It could be that if I keep hearing this case, Arvind Kejriwal and other people might think that I have a grudge against him. That's why I've thought that this particular case will be heard by some other bench," the judge ordered, as reported by Bar and Bench.
Justice Sharma said the former Delhi chief minister "orchestrated a calculated campaign" of vilification against her on social media instead of pursuing his legal remedies and clarified that the CBI's petition against the discharge of all accused persons would now be taken up by another bench, as reported by PTI.
The judge took exception to several social media posts by the proposed contemnors that attributed "political allegiance" to her and allegedly targeted her by posting a misleading "edited" video of a speech given by her at an educational institution in Varanasi.
“Arvind Kejriwal sought to destroy my reputation instead of availing legal remedies after I refused to recuse and a deliberate attempt to lower the court's authority can't be permitted in guise of free speech,” Justice Sharma said.
She clarified that she was not recusing herself but was only transferring the case to another bench as she has initiated the contempt proceedings. Solicitor General Tushar Mehta, appearing for CBI, thanked Justice Sharma for upholding the institution's dignity, PTI reported.
Who is Justice Swarana Kanta Sharma?
Justice Swarana Kanta Sharma is a Delhi High Court judge.
Justice Swarana Sharma's education: According to a profile shared by the High Court of Delhi, Sharma graduated in BA (Hons.) in English Literature from Delhi University.
She acquired her LL.B. in 1991 and completed her LL.M. in 2004. She also holds a Diploma in Marketing Management, Advertising, and Public Relations.
In 2025, after four years of extensive research, she was awarded a PhD for her doctoral thesis titled “Achieving Constitutional Vision of Justice Through Judicial Education: A Comparative Study of the Best Practices in the UK, USA, Singapore, and Canada.”
What has AAP alleged?
AAP has alleged Justice Swarna Kanta Sharma's ties with the Rashtriya Swayamsevak Sangh (RSS) and said that a conflict of interest arises as both of her children work for the central government.
Earlier in April, Leader of Opposition in the Delhi Assembly, Atishi, questioned Justice Swarna Kanta Sharma for not recusing from hearing the Delhi Excise Policy case.
"After recusing in multiple recent cases, why has Justice Swarnakanta Sharma chosen not to recuse in this one? What is different about this case?" Atishi posted on X.
The controversy began after Aam Aadmi Party leaders Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak chose to boycott court proceedings when Justice Swarana Kanta Sharma refused to recuse herself over allegations of bias.
In February, a trial court acquitted all 23 accused in the excise policy case, including Kejriwal, Sisodia, and K. Kavitha, while also criticising the Central Bureau of Investigation for its handling of the investigation. The CBI later challenged the ruling before Justice Sharma, who remarked in March that the trial court’s observations appeared questionable.
The case has remained politically sensitive since Kejriwal’s arrest during the 2024 general elections. He was granted bail by the Supreme Court of India after spending 156 days in custody, while Sisodia remained jailed for 530 days. The Delhi excise policy, introduced in 2021 to reform the liquor trade, was eventually withdrawn after corruption allegations prompted a CBI investigation ordered by the Lieutenant Governor.
(With inputs from PTI, Bar and Bench)
About the Author
Mausam Jha is a journalist who focuses on world affairs and politics. She provides clear, informative reporting with a good understanding of both global events and their local impact. <br><br> Her clear, accessible reporting on political and international issues makes her a trusted source of news and analysis. <br><br> For the past three years, Mausam has worked with Mint, covering national politics, IR—including elections—and global affairs.<br> Before joining her current role, she gained experience working with The Statesman, ANI, and Financial Express, where she honed her skills in political and international news. <br><br> She has consistently tracked key electoral battles, including US elections, Japan elections, policy debates, and strategic affairs, explaining how global currents, from great power competition to regional conflicts <br><br> Beyond journalism, Mausam has a deep engagement with international relations, diplomacy, war studies, terrorism, political history, and political theory. She is particularly interested in the intersection of statecraft and society on how governance, ideology, and institutions shape lived realities, and how politics shape today's world order. <br><br> An avid reader of classical literature and political thought, she constantly explores the connections between historical ideas and contemporary policy challenges.
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