‘Main kahin nahi jaa rahi’: Justice Swarana Sharma on Kejriwal seeking her recusal in excise policy case

Justice Swarana Kanta Sharma firmly declined to step aside from hearing the excise policy case after Arvind Kejriwal sought her recusal, stating, “Main kahin nahi jaa rahi, main apni duty puri karke jaungi” (I’m not going anywhere; I will leave only after fulfilling my duty). Emphasising judicial responsibility, she indicated there were no valid grounds to withdraw from the matter as she pointed that the court cannot yield or retreat to let the credibility of the institution questioned, Bar and Bench reported.

In her final order, Justice Swarana Kanta Sharma said, “I have decided fearlessly all questions before me.. The robes that this court wears cannot be weighed down by the allegations and insinuations. This court will stand up for itself when such standing is required, though it may appear difficult.”

“This court will not yield or retreat when doing so will affect the credibility of the institution itself. It will not be justice administered but justice managed. As curtains are drawn, I must add that the file seeking recusal did not arrive with evidence; it arrived on my table with aspersions, insinuations and doubts cast on my integrity, fairness, and impartiality. Main kahin nahi jaa rahi. Main apni duty puri kar ke jaaungi,” the judge said.

‘Litigant ko ye right nahi hai ki…’

Speaking of Arvind Kejriwal's recusal plea, the judge said the easier path would have been to recuse but, “the question now was about the fairness of judge and institution itself.”

Referring to an order wherein an ex parte order was passed in favour of Arvind Kejriwal, the judge said that no allegations of bias or ideological inclinations were raised then. She also addressed the allegation that the Supreme Court sets aside her orders, and said, “Agar kisi judge ka order koi superior court set aside kar de to us litigant ko ye right nhi milta ki wo yaha khada ho ke ye bole ki ye judge case sunne layak nhi hai.” (If a higher court sets aside an order passed by a judge, that does not give the litigant the right to stand here and say that this judge is not fit to hear the case.)

“As an officer of this court i am conscious of the fact that a lie even if repeated thousand times in court or on social media does not become truth. It remains false. Truth doesn't lose its force merely because a lie is repeated several times.”

She said Arvind Kejriwal has created a “win-win situation for himself”. “If he does not get the relief, he will say that he had already predicted the outcome. If he gets the relief, he can say the court acted under pressure,” the judge said.

Justice Swarana Kanta Sharma said that if she refuses from hearing the case further, it would lead the public to believe that “judges are aligned with a particular political party or ideology.”

“This court, by penning a recusal cannot allow this.”