Delhi High Court Seeks CBI Response on Arvind Kejriwal's Recusal Plea Against Justice Swarana Kanta Sharma

Cause Title: Arvind Kejriwal vs. Central Bureau of Investigation

Background

The Delhi High Court has been hearing an appeal filed by the Central Bureau of Investigation (CBI) against a trial court order discharging former Delhi Chief Minister Arvind Kejriwal and 22 other accused in the excise policy case. The case is being heard by Justice Swarana Kanta Sharma.

Court's Observation

When the matter was taken up for hearing, Kejriwal appeared in person and informed the Court that he had filed an application seeking the recusal of Justice Sharma. Solicitor General Tushar Mehta, appearing for CBI, strongly opposed the application, cautioning that if the application is rejected, contempt of court action would lie against the person filing it.

Decision

The judge issued notice and stated that if anyone else wants to seek recusal, they can do so, and the same will be heard together with Kejriwal's plea. The case was posted for further consideration on April 13.

Key Points

• Kejriwal had earlier requested Delhi High Court Chief Justice Devendra Kumar Upadhyaya to assign the case to a judge other than Justice Sharma, citing apprehensions about impartiality and neutrality.
• Chief Justice Upadhyaya rejected the request, stating that any call of recusal has to be taken by the Hon'ble judge.
• A trial court had discharged Kejriwal and 22 other accused in the excise policy case on February 27.
• CBI challenged the order, and the same is currently being heard by Justice Sharma.

Significance

The case highlights the importance of impartiality and neutrality in the judiciary. The recusal application filed by Kejriwal has raised questions about the independence of the judiciary and the need for judges to recuse themselves in cases where there may be a conflict of interest or bias.