Delhi High Court Dismisses Petition Against Justice Sharma in Excise Policy Case

Court Rejects Petition to Remove Justice Sharma

The Delhi High Court has dismissed a petition filed by Arvind Kejriwal and others, which sought the removal of Justice Swarna Kanta Sharma from the hearing of the Delhi excise policy case. Justice Sharma stated that the claims made in the petition lacked supporting evidence and were based solely on allegations that questioned their credibility.

Justice Sharma Describes a Catch-22 Situation

While delivering the order, Justice Sharma characterized the situation as challenging for the court. He explained that he was placed in a 'Catch-22' scenario regarding the request for recusal from the case. He noted that whether he recused himself or not, questions would inevitably arise. The petitioner (Kejriwal) has created a situation where he stands to gain regardless of the outcome. Justice Sharma elaborated that recusal might imply some truth to the allegations, while continuing with the case could lead to criticism.

Court Clarifies No Evidence of Bias

The court emphasized that allegations of bias must be supported by concrete evidence; mere suspicion is insufficient. The discomfort of a litigant or the fear that the court may not grant relief does not meet the high standard required for a judge to recuse themselves. Justice Sharma insisted that decisions must be based solely on law and facts, not on perceptions or conjectures.