New Delhi: AAP chief and former Delhi CM Arvind Kejriwal on Wednesday filed an additional affidavit in the Delhi High Court. He once again sought the removal of Justice Swarna Kanta Sharma from the hearing of the Delhi Excise Policy case in which he is an accused. Kejriwal alleged that the judge’s son is working under the Solicitor General who is representing the Centre in the same case. He said that this is a politically sensitive case. He said that he has serious, clear and reasonable suspicion that the hearing before Justice Swarna Kanta Sharma will not be impartial or neutral. In this context, Kejriwal sought the removal of the judge from the hearing on the CBI petition.
Meanwhile, Kejriwal raised additional objections to Justice Sharma’s handling of the Delhi Liquor Policy case, which was dismissed by the trial court. He alleged that she had denied him relief on his earlier petition challenging his arrest and rejected the bail pleas of other accused, including Manish Sisodia. He also said that the judge had made “strong and decisive” comments. He also alleged that Justice Swarna Kanta Sharma had repeatedly attended events organised by the Adhivakta Parishad, a lawyers’ body affiliated to the RSS.
On the other hand, Solicitor General Tushar Mehta opposed the plea to recuse Justice Swarna Kanta Sharma from the hearing of the Delhi liquor case. He urged the court to initiate contempt proceedings against Kejriwal and others. He described the concerns raised by Kejriwal as ‘immature mind, immature fears’. He said the matter was a matter of ‘institutional honour’. Mehta argued that Justice Swarna Kanta Sharma should not succumb to any pressure. He said recusing herself from the case on baseless allegations would set a bad precedent.
However, the trial court on February 27 said that the CBI case on the Delhi liquor policy did not stand up to judicial review. Kejriwal, Sisodia and 21 others were acquitted. The CBI challenged this verdict in the Delhi High Court. Justice Swaran Kanta Sharma said that she observed that some of the findings of the trial court were fundamentally wrong. She also stayed the trial court’s recommendation to take departmental action against the CBI investigating officer. On March 9, notices were issued to the accused in the liquor policy case.
Justice Swarna Kanta Sharma also reserved the verdict on the petitions filed by Kejriwal and other accused seeking his removal from the CBI petition on April 13. Earlier, Delhi High Court Chief Justice DK Upadhyay had rejected Kejriwal’s request to transfer the case. He said that the concerned judge should decide whether to withdraw the case from the trial or not.
