Justice Swarana Kanta Sharma reserves order after allegations of bias raised in excise policy case
The Delhi High Court heard a recusal plea filed by Arvind Kejriwal. He sought the withdrawal of Justice Swarana Kanta Sharma from hearing the excise policy case after a complaint containing allegations against the judge was circulated.
The matter arises from proceedings in the Delhi excise policy case. In that case, the Central Bureau of Investigation has challenged the trial court’s decision to discharge Kejriwal and other accused persons.
Appearing in person, Kejriwal sought the judge’s recusal on the ground of a “reasonable apprehension” of bias. He referred to several circumstances, including earlier judicial orders and the conduct of proceedings.
The issue became more contentious after a complaint relating to the judge began circulating. During the hearing, the plea relied on that complaint while seeking recusal.
Kejriwal argued in support of recusal and referred to earlier instances in which courts had accepted similar pleas. He also cited a case involving a co-accused in related proceedings.
He contended that these circumstances created a genuine apprehension that he may not receive a fair hearing.
The prosecution opposed the plea. The Solicitor General argued that the recusal request was unwarranted and had no merit.
After hearing all sides, the Delhi High Court reserved its order on the recusal plea.
The ruling will decide whether Justice Swarana Kanta Sharma will continue to hear the CBI’s challenge in the excise policy case involving Kejriwal and the other accused.
