Kejriwal can’t seek judge’s recusal for attending ‘legal seminar’ by Akhil Bharatiya Adhivakta Parishad: CBI

new delhi: Former chief minister Arvind Kejriwal and other discharged accused in the liquor policy case cannot seek the recusal of Justice Swarana Kanta Sharma merely because she attended a “legal seminar” by the Akhil Bharatiya Adhivakta Parishad as it does not demonstrate any ideological association, the CBI has told the Delhi High Court.

In a reply filed to applications by the AAP leader and others seeking the judge’s recusal from hearing the Central Bureau of investigation’s (CBI) challenge to the trial court’s discharge order, the agency highlighted that several sitting Supreme Court judges, including Chief Justice of India Surya Kant, and high court judges, have attended functions by the RSS-affiliated confederation of lawyers, and if their plea is accepted, all of them would have to recuse from hearing any case involving politically exposed persons as accused.

The CBI asserted that making “unscrupulous” and “sweeping” allegations of bias over attending legal seminars, which had no political topic, was an attempt to scandalise and lower the court’s authority and interfere with the administration of justice, which amounted to contempt of court. Kejriwal has filed the application for recusal of Justice Sharma, claiming there was a grave, bona fide, and reasonable apprehension that the hearing in the matter before her would not be impartial and neutral. His plea stated that Justice Sharma has decided multiple cases arising from the CBI FIR, including Kejriwal’s petition against his arrest, and never given relief to any of the accused.

Besides Kejriwal, the applications for recusal of the judge have also been filed by AAP leaders Manish Sisodia and Durgesh Pathak. Other respondents, including Vijay Nair and Arun Ramchandra Pillai, have also filed similar applications seeking recusal.

On April 6, Justice Sharma had granted time to CBI to respond to the recusal application and listed the case for hearing on April 13.

The CBI opposed recusal, calling claims baseless and forum shopping, asserting seminar attendance shows no bias, judicial views aren’t grounds, and warned against bench-hunting undermining judicial independence.