Delhi High Court judge Justice Swarana Kanta Sharma said judicial discipline required the CBI’s challenge against the discharge of Arvind Kejriwal and other AAP leaders to be placed before another Bench after she initiated criminal contempt proceedings against them.
Delhi High Court judge Justice Swarana Kanta Sharma on Thursday, May 14, declined to continue hearing the excise policy case.
The matter concerns the Central Bureau of Investigation’s challenge to the discharge of former Delhi Chief Minister Arvind Kejriwal and other AAP leaders in the liquor policy case.
Justice Sharma took the decision after initiating criminal contempt proceedings against Kejriwal and five other Aam Aadmi Party leaders.
She observed that once a judge initiates contempt proceedings, the same judge should not continue hearing the main matter.
The case will now go before another Bench, subject to orders of the Chief Justice.
Justice Sharma Stands By Earlier Recusal Order
Justice Sharma clarified that she continued to stand by her earlier order.
That order had dismissed the recusal applications filed by the AAP leaders.
The judge said she would not alter the recusal order.
She also stated that she had acted in defence of the institution and herself.
However, she added that judicial discipline required the main case to go before another court.
The earlier recusal order will remain unchanged.
The matter will now be placed before the Chief Justice for assignment to another judge.
Contempt Action Against Kejriwal And Other AAP Leaders
Justice Sharma has initiated criminal contempt proceedings against Arvind Kejriwal.
She has also initiated contempt proceedings against AAP leaders Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra and Saurabh Bharadwaj.
The contempt action arose after Kejriwal alleged conflict of interest against Justice Sharma.
He raised the allegation on the ground that her children are Central government panel counsel.
Justice Sharma noted that the allegations did not remain confined to the courtroom.
According to her, the controversy also dragged her family into social media discourse.
Solicitor General Urges Judge To Continue Hearing
During the hearing, Solicitor General Tushar Mehta urged Justice Sharma to continue hearing the matter.
He submitted that several young lawyers, including children of judges, work with or remain associated with his office.
Mehta said he does not accept briefs before courts where lawyers practising with him appear.
He also clarified that Justice Sharma’s children were not working in his office.
The Solicitor General expressed concern over what he described as a narrative-building exercise against judges.
He said such conduct sends a message to judges that they may face stigma.
At the same time, he added that the institution remains strong and that civility should not be lost.
SOP Suggested For Such Litigants
Solicitor General Mehta also said authorities would frame a Standard Operating Procedure to deal with such litigants.
He submitted that guidelines were necessary.
Mehta again urged Justice Sharma to continue hearing the case.
However, the judge maintained that judicial discipline required transfer of the matter to another Bench.
Thereafter, Mehta said he remained confident that the discharge order would not sustain before whichever Bench hears the matter.
