The Delhi High Court has rejected the plea filed by former Delhi Chief Minister Arvind Kejriwal and others seeking the recusal of Justice Swarana Kanta Sharma from hearing the Central Bureau of Investigation’s (CBI) appeal in the excise policy case. The court delivered its verdict after considering submissions from both Kejriwal and the CBI, as well as additional affidavits and rejoinders filed in the matter.
According to Hindustan Times, Arvind Kejriwal appeared virtually before the court to request that his rejoinder to the CBI’s written submissions be accepted on record. Justice Swarana Kanta Sharma agreed to take the rejoinder as a written submission, despite the pronouncement being scheduled for later in the day.
Coverage revealed that Kejriwal’s plea for recusal was based on the contention that Justice Sharma’s children are empanelled with the Centre and receive case allocations from Solicitor General Tushar Mehta, who is representing the CBI in the matter. Kejriwal argued that this could give rise to a perception of bias.
The CBI, in its written submissions, opposed the recusal request, stating that accepting such a contention would set a precedent potentially disqualifying judges across the country from hearing cases involving governments or political figures. The agency clarified that Justice Sharma’s son and daughter have not been involved in any matters related to the excise policy case and are independent practitioners. The CBI further argued that law officers who assign cases to panel lawyers would also be disqualified from appearing before such judges if Kejriwal’s argument were accepted as details emerged.
Justice Swarana Kanta Sharma had previously stayed the trial court’s order for departmental action against a CBI officer and deferred Enforcement Directorate proceedings in the excise policy case. The trial court had discharged Kejriwal, Manish Sisodia, and 21 others on 27 February, finding that the CBI’s material did not disclose a prima facie case. The CBI subsequently challenged this order before the High Court following reports.
“Arvind Kejriwal has filed his response to the Central Bureau of Investigation’s (CBI’s) affidavit but it is not being accepted on record. Kejriwal will request that his response be taken on record. Why are our responses not being recorded again and again,” the Aam Aadmi Party stated.
The court had earlier reserved its order on the recusal plea after hearing arguments from both sides. Kejriwal, Sisodia, and four others had sought Justice Sharma’s recusal after their request for transfer of the case was rejected on 13 March. The additional affidavit filed by Kejriwal was eventually accepted by the court as the hearing progressed.
The CBI maintained that neither of Justice Sharma’s children had dealt with or assisted in any matter related to the excise policy case at any stage. Both are independent practitioners and not attached to any senior advocate. The agency reiterated that the acceptance of Kejriwal’s plea would have far-reaching implications for judicial proceedings involving government matters according to submissions.
“Such a position could also disqualify law officers who assign cases to panel lawyers from appearing before such judges,” the CBI stated in its written submissions.
The High Court’s decision to reject the recusal plea means that Justice Swarana Kanta Sharma will continue to hear the CBI’s appeal in the excise policy case. The matter remains ongoing, with further hearings expected as the case progresses as proceedings continue.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.