Delhi High Court to Appoint Senior Lawyers for AAP Leaders in Liquor Policy Case

Court's Decision on Legal Representation

New Delhi: On Tuesday, the Delhi High Court announced its intention to appoint senior legal professionals as amici curiae to advocate for AAP leaders Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak in the ongoing CBI investigation related to the liquor policy case.

The former chief minister of Delhi and his fellow MLAs chose to boycott the proceedings presided over by Justice Swarana Kanta Sharma after she declined their request to step down, which they argued was due to a perceived conflict of interest.

Justice Sharma postponed the hearing regarding the CBI's challenge to the trial court's ruling until May 8, indicating that it would be prudent to continue once representatives were appointed for the accused.

"I will appoint an amicus. I will appoint somebody. I will appoint three seniors in this case," stated Justice Sharma.

Solicitor General Tushar Mehta, representing the CBI, inquired whether the court was appointing counsel for Kejriwal and the others who lacked representation. The judge confirmed this.

"We will schedule it for Friday. I will issue an order regarding the amicus and then commence the hearing," she added.

Following Justice Sharma's dismissal of their recusal requests on April 20, Kejriwal, Sisodia, and Pathak communicated to the judge that they would not attend the hearings, either personally or through legal counsel, opting instead to follow "Mahatma Gandhi's path of Satyagraha."

On February 27, the trial court had discharged Kejriwal, Sisodia, and 21 others, stating that the case lacked sufficient merit to withstand judicial examination and was fundamentally flawed.

On March 9, Justice Sharma's bench temporarily halted the trial court's recommendation for departmental action against the CBI's investigating officer in the liquor policy matter.

While addressing the CBI's appeal against the discharge of all 23 accused, Justice Sharma noted that certain findings from the trial court during the charge framing stage appeared to be prima facie incorrect and warranted further review.

Subsequently, Kejriwal, Sisodia, and other respondents filed a motion requesting the judge's recusal, citing that her children are empaneled as central government lawyers who receive assignments through Solicitor General Tushar Mehta, who represents the CBI in this case.

On April 20, Justice Sharma rejected the recusal request, asserting that judges cannot withdraw from cases merely to appease a litigant's unfounded fears of bias.

Pathak, along with Vijay Nair and Arun Ramchandra Pillai, also sought her recusal.