The Delhi High Court on Monday, 6 April, sought the response of the Central Bureau of Investigation (CBI) in an application filed by former Chief Minister Arvind Kejriwal, seeking the recusal of Justice Swarana Kanta Sharma from hearing the agency’s appeal against a trial court order discharging him and 22 others in the Delhi excise policy case.
Arvind Kejriwal stated that he would argue the recusal application himself.
The Bench further directed the CBI to file its reply by Tuesday and observed that any other party wishing to move a recusal application may do so.
A Bench led by Justice Swarana Kanta Sharma issued notice on Arvind Kejriwal’s application, while the investigation agency — represented by Solicitor General Tushar Mehta — argued that the recusal plea was frivolous, vexatious, contemptuous and without merit, describing the matter as highly serious for the capital.
Tushar Mehta also argued that some individuals make a career out of levelling serious allegations against institutions. He also stressed that such allegations must be countered.
Mehta also submitted that if Kejriwal wishes to argue in person, he must first discharge his counsel, adding that the courtroom is “not a forum for theatrics”.
Appearing in person, Arvind Kejriwal informed the court that he has withdrawn his writ petition before the Supreme Court seeking transfer of the case from Justice Sharma’s bench to another judge.
Justice Sharma took Arvind Kejriwal's application for her recusal on record and listed it for hearing on 13 April.
Tushar Mehta had earlier suggested that if other parties also wish to file similar pleas, they may be granted a week, and all such applications should be heard together. He also emphasised that pleadings must be completed before the Court considers the recusal issue.
The High Court was hearing an appeal filed by the CBI challenging the trial court's order discharging Kejriwal, Manish Sisodia, and others in the Delhi excise policy case.
What allegations did Kejriwal make?
Arvind Kejriwal and other accused had moved an application in the Delhi High Court. Ahead of the hearing at the Delhi court, the former chief minister and others sought the recusal of Justice Swarana Kanta Sharma, citing apprehensions about fairness arising from certain observations made during earlier proceedings.
The excise policy case relates to alleged irregularities in the now-scrapped Delhi Excise Policy 2021-22, which is under investigation by the CBI and the Enforcement Directorate. Several AAP leaders, including Kejriwal and Sisodia, have been named as accused.
