Delhi High Court to Hear Arvind Kejriwal's Plea for Justice Recusal in Liquor Policy Case

Hearing Scheduled for Arvind Kejriwal's Recusal Request

New Delhi: The Delhi High Court is set to address a plea from former Chief Minister Arvind Kejriwal and others who were discharged in the liquor policy case. They are requesting the recusal of Justice Swarana Kanta Sharma from hearing a petition filed by the CBI challenging the trial court's ruling.

Kejriwal's plea is scheduled for a hearing at 2:30 PM before Justice Sharma.

On April 6, the judge acknowledged Kejriwal's request for her recusal and scheduled it for discussion on April 13.

Kejriwal argues that there exists a significant and reasonable concern that the proceedings under Justice Sharma may lack impartiality.

In addition to Kejriwal, fellow AAP leaders Manish Sisodia and Durgesh Pathak have also submitted requests for the judge's recusal. Other respondents, including Vijay Nair and Arun Ramchandra Pillai, have filed similar motions.

On February 27, the trial court had discharged Kejriwal, Sisodia, and 21 others in the excise policy case, criticizing the CBI for presenting a case that could not withstand judicial examination.

On March 9, Justice Sharma issued notices to all 23 accused regarding the CBI's appeal against their discharge, indicating that some of the trial court's observations appeared to be erroneous and warranted further review.

She also placed a hold on the trial court's recommendation for departmental action against the CBI's investigating officer involved in the liquor policy case.

Subsequently, Chief Justice D K Upadhyaya of the Delhi High Court rejected Kejriwal's request to reassign the CBI's plea to another judge, stating that the decision on recusal must be made by the judge in question.

In response to the recusal application, the CBI contends that Kejriwal and others cannot claim bias simply because Justice Sharma participated in a legal seminar organized by the Akhil Bharatiya Adhivakta Parishad, a lawyer's group affiliated with the RSS, asserting that this does not indicate any ideological bias.

The CBI further argued that making broad allegations of bias based on attendance at legal seminars, which did not cover political topics, is an attempt to undermine the court's authority and disrupt the justice system, potentially constituting contempt of court.

The agency characterized the recusal request as frivolous and baseless, asserting that a judge's decision cannot be construed as bias and that the plea from Kejriwal and others represents an attempt at forum shopping.