Summary of Arvind Kejriwal's Recusal Plea
On April 13, 2026, former Delhi Chief Minister Arvind Kejriwal appeared before Justice Swarna Kanta Sharma in the Delhi High Court. He requested her recusal from hearing the CBI’s appeal in the excise policy case, citing a "real, grave and reasonable apprehension" of bias.
Arguments for Recusal
- Mr. Kejriwal personally argued his case, which is unusual in such proceedings.
- He referenced Justice Sharma's reported attendance at events organized by the Akhil Bharatiya Adhivakta Parishad, suggesting potential bias due to the group's ideological alignment with the BJP-RSS.
- He contended that this case is politically sensitive and that mere participation in such events could create an apprehension of bias.
- He mentioned a remark by Union Home Minister Amit Shah, implying potential bias in the High Court’s decision.
Counterarguments by the Centre
- The Centre, represented by Solicitor General Tushar Mehta, opposed the plea, calling the allegations "contemptuous."
- It was argued that allowing such recusal applications could set a "dangerous precedent."
- Mr. Mehta noted that judges attending bar-related events, like those of the Akhil Bharatiya Adhivakta Parishad, is common and necessary to discuss legal issues.
- He urged for the recusal application to be dismissed with costs and suggested initiating contempt action.
Background of the Case
- On February 27, the trial court discharged Mr. Kejriwal, Mr. Manish Sisodia, and others in the Delhi liquor policy case, criticizing the CBI’s case as lacking judicial merit.
- The CBI has since appealed to the High Court against this discharge order.