The Delhi High Court on Monday issued a notice to the Central Bureau of Investigation (CBI) in connection with a plea filed by Arvind Kejriwal seeking the recusal of Justice Swarana Kanta Sharma from hearing the excise policy case. The matter has now been scheduled for further hearing on April 13.
Taking the application on record, the court observed that advance notice had already been served to the opposing side and directed the CBI to file its response by the next day. The development marks a fresh turn in the ongoing legal battle surrounding the controversial excise policy case.
Kejriwal, who appeared before the court accompanied by his wife Sunita, informed the bench that he had formally filed the recusal application and requested that it be considered. However, the move was strongly opposed by Solicitor General Tushar Mehta, representing the CBI. He termed the allegations “frivolous and contemptuous” and insisted that the prosecution be allowed to address the issue first.
Mehta also raised procedural objections, stating that Kejriwal could not argue in person while still being represented by legal counsel. Emphasising courtroom decorum, he remarked that the High Court is “not a forum for theatrics” and clarified that Kejriwal must formally discharge his lawyer if he intends to present arguments himself.
In response, Kejriwal maintained that his application adhered to established court procedures. He further pointed out practical limitations, noting that a petitioner appearing in person cannot access the e-filing system, thereby justifying his approach.
Background to the Dispute
The recusal plea follows earlier developments in the case, including a decision by Chief Justice DK Upadhyaya, who declined a request to transfer the matter away from Justice Sharma. The Chief Justice had stated that the decision on recusal rests solely with the judge concerned.
The controversy also involves senior AAP leader Manish Sisodia, who had earlier argued that there existed a “grave, bona fide, and reasonable apprehension” regarding the impartiality of the proceedings before Justice Sharma.
The case gained further complexity after a trial court discharged Kejriwal, Sisodia, and 21 others, observing that the prosecution’s case could not withstand judicial scrutiny and criticising the CBI’s handling of the matter. However, in a subsequent development on March 9, Justice Sharma issued notices to the accused, indicating that certain findings of the trial court at the stage of framing charges appeared prima facie erroneous and warranted reconsideration.
With the High Court now seeking the CBI’s response to the recusal plea, the upcoming hearing on April 13 is expected to play a crucial role in determining the course of proceedings in one of the most closely watched political and legal cases in recent times.
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