On Monday, the Delhi High Court is set to pronounce its order on Arvind Kejriwal's plea, who, along with others, has sought the recusal of Justice Swarana Kanta Sharma from hearing the matter. The judgment, initially expected earlier in the day, will now be delivered at 4:30 pm.
Justice Sharma noted that while the pronouncement had been scheduled for 2:30 pm, she was “going out of her way” to accept Kejriwal’s rejoinder as a written submission. Appearing virtually via video conferencing, Kejriwal urged the court to take his response on record, particularly in light of the submissions filed by the Central Bureau of Investigation.
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“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 said in a statement.
What we know so far in Arvin Kejriwal’s plea seeking
The legal battle traces back to February 27, when a trial court discharged Kejriwal, Manish Sisodia, and 21 others in the excise policy case, observing that the CBI’s material did not establish a prima facie case. The agency then challenged that order before the High Court.
On March 9, Justice Sharma stayed the trial court’s direction for departmental action against a CBI officer, calling the remarks prima facie misconceived, and also deferred proceedings linked to the Enforcement Directorate.
Days later, on March 11, Kejriwal moved to transfer the case, which was rejected on March 13. This was followed by a fresh move seeking the judge’s recusal.
The CBI has strongly opposed this demand. The agency, in its written submissions, argued that accepting such a plea could create a far-reaching precedent, potentially disqualifying judges across the country from hearing cases involving governments or political figures.
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Kejriwal has also pointed out that Justice Sharma’s children are empanelled with the Centre and receive case allocations from Solicitor General Tushar Mehta, who is representing the agency in this matter.
The former Delhi CM noted that her son is a Group A counsel representing the Centre before the Supreme Court, while her daughter serves as a Group C counsel before the apex court and also appears as a pleader for the Centre in the High Court.
