The Delhi High Court will pronounce the judgment at 4:30pm today on former Delhi chief minister Arvind Kejriwal and others seeking Justice Swarana Kanta Sharma’s recusal in the liquor policy case.
Justice Sharma said although the pronouncement was scheduled for 2:30 pm, she was “going out of her way” in accepting Kejriwal’s rejoinder as a written submission in the matter, PTI reported.
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Aam Aadmi Party (AAP) convenor Arvind Kejriwal appeared virtually before the judge via video conferencing as he urged her to take on record his rejoinder to the written submissions filed by the CBI.
“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,” AAP said in a statement.
A recap of the case
Kejriwal, AAP’s Manish Sisodia and 21 others were discharged by a trial court on February 27 in the in the excise policy case. The court said that the CBI’s material did not disclose a prima facie case, prompting the agency to challenge the order before the high court.
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Later on March 9, Justice Sharma stayed the trial court’s order for departmental action against a CBI officer as she called the remarks prima facie misconceived, and deferred ED proceedings.
Kejriwal moved for transfer of the case on March 11, which was rejected on March 13, following which Kejriwal, Sisodia and four others sought Justice Sharma’s recusal. The court reserved its order last week and Kejriwal filed an additional affidavit a day later, which was taken on record on Thursday.
The CBI on Thursday opposed Kejriwal’s plea seeking the recusal of Justice Sharma as the probe agency argued that accepting his contention would set a precedent that could effectively disqualify judges across the country from hearing cases involving governments or political figures.
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The agency in its written submissions said such a position could also disqualify law officers who assign cases to panel lawyers from appearing before such judges.
Kejriwal’s allegations against Justice Sharma
As Kejriwal sought Justice Sharma’s recusal he contended that the judge’s children are empanelled with the Centre and are allocated cases by Solicitor General (SG) Tushar Mehta, who is contesting the appeal on behalf of the agency.
Kejriwal stated that her son is empanelled as a Group A counsel representing the Centre before the Supreme Court, while her daughter is empanelled as a Group C counsel representing the Centre before the Supreme Court and also serves as a pleader for the Centre before the Delhi High Court.
CBI in its written submission also added that Justice Sharma’s son and daughter have neither dealt with nor assisted in any matter related to the excise case at any stage, and have not been involved in it in any capacity. Both are independent practitioners and are not attached to any senior advocate, the agency said.
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