Delhi High Court Faces Recusal Request by Arvind Kejriwal in Liquor Policy Case

Cause Title: CBI v. Kuldeep Singh & Ors

Background

Aam Aadmi Party chief Arvind Kejriwal has filed a fresh application before the Delhi High Court seeking recusal of Justice Swarana Kanta Sharma from hearing the petition filed by the Central Bureau of Investigation's petition (CBI) challenging his discharge in the corruption case related to the alleged liquor policy scam.

The excise policy was framed by the Delhi Government to boost revenue and reform liquor trade in 2021, which was later withdrawn after allegations of irregularities in implementation were made and Lieutenant-Governor Vinay Kumar Saxena ordered a probe by the Central Bureau of Investigation into the policy.

Court's Observation

On March 9, Justice Sharma prima facie observed that the trial court's observations were prima facie erroneous. The AAP Chief later wrote to the Chief Justice seeking change of the Judge, saying that no specific reason was recorded to comment against the trial court's order.

Decision

The application is likely to be heard tomorrow by Justice Sharma. The main plea filed by CBI is also listed at item number 50 before the judge. Importantly, the application has been filed by Kejriwal in person, and he is likely to argue the same himself tomorrow before Justice Sharma.

Key Points

• Arvind Kejriwal has filed a fresh application before the Delhi High Court seeking recusal of Justice Swarana Kanta Sharma.
• The application is likely to be heard tomorrow by Justice Sharma.
• Kejriwal had written a letter to the Chief Justice of the High Court, on the administrative side, seeking transfer of the case from Justice Sharma to another judge.
• The AAP leader then moved the Supreme Court for transfer by way of filing a petition under Article 32 of the Constitution of India.

Significance

The case had become politically controversial, as Kejriwal was arrested and remanded to the custody amidst the 2024 Lok Sabha elections. He was later granted bail by the Supreme Court after 156 days of custody. AAP leader Manish Sisodia also spent 530 days in custody in the case.