Excise policy: Arvind Kejriwal appears in Delhi HC seeking recusal of Justice Swarana Kanta Sharma
New Delhi: Former chief minister Arvind Kejriwal on Monday appeared in person in the Delhi High Court seeking recusal of Justice Swarana Kanta Sharma from hearing the CBI petition challenging the discharge of the AAP convenor and all other accused in the liquor policy case.
Justice Sharma took Kejriwal's application for her recusal on record and listed it for hearing on April 13.
Solicitor General Tushar Mehta, appearing for the CBI, argued that the court was not a forum for theatrics and Kejriwal should discharge his lawyer if he wanted to appear in person in the case.
He strongly objected to the recusal application and said Kejriwal's allegations were frivolous and contemptuous.
Mehta also informed that seven discharged accused have filed applications seeking the recusal of the judge.
"If anyone else wants to file the application, please do it so that I can decide it once and for all," Justice Sharma said.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others and pulled up the CBI, saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
On March 9, Justice Sharma issued notice to all 23 accused on CBI's plea against their discharge, saying certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.
She stayed the trial court's recommendation on the initiation of departmental action against the CBI's investigating officer in the liquor policy case.
Later, Chief Justice of Delhi High Court, D K Upadhyaya, declined Kejriwal's request to transfer the CBI's plea from Justice Sharma to another judge and said that a call for recusal has to be taken by the judge concerned.
In a representation made on March 11, Kejriwal, as well as AAP leader Manish Sisodia, along with other accused in the excise policy case, claimed there was a "grave, bona fide, and reasonable apprehension" that the hearing in the matter before Justice Sharma would not be impartial and neutral.
