Delhi’s former chief minister Arvind Kejriwal has written a letter to Justice Swarnakanta Sharma, saying he will not appear before her in the excise policy case. He made it clear that neither he nor his lawyer will attend the court proceedings under her. In his message, Kejriwal said he no longer trusts the court for a fair outcome.
“I have lost hope of getting justice from Justice Swarnakanta ji,” he said. Explaining his stand, Kejriwal said the decision was personal and guided by his inner voice. “I have taken this decision after listening to my inner conscience,” he stated, adding he plans to follow the path of Mahatma Gandhi’s satyagraha as a form of protest.
“I have decided to follow Gandhi ji’s path of satyagraha,” Kejriwal added.
Kejriwal to approach Supreme Court
Kejriwal further said he will keep the option open to challenge the judge’s decision in the Supreme Court of India if needed.
Kejriwal's recusal plea rejected
This comes after Delhi High Court dismissed the plea filed by Kejriwal and others seeking the recusal of Justice Swarna Kanta Sharma from hearing the Delhi excise policy case. Justice Sharma dismissed the plea stating that the claims raised were not backed by evidence and were based only on allegations questioning her credibility.
“When I began to pen this judgment, the courtroom had fallen silent. What remained was the weight of being a judge who had taken the oath of the Constitution of India, that is Bharat. I realised my silence as a judge was itself put to test, and the question now was about the fairness of the judge and the institution itself," she said while announcing the judgement.
Judge calls situation a ‘catch-22’
While delivering the order, Justice Sharma described the situation as a difficult one for the court.
“Now, it is a Catch-22 situation of seeking a recusal. In this case, I have been placed in such a position where whether I recuse or do not recuse, questions will arise. The applicant (Kejriwal) has created a win-win situation for himself.”
She explained that stepping aside could suggest that the allegations had merit, while continuing with the case could also invite criticism.
The court made it clear that allegations of bias must be supported by solid proof, not just doubts.
“The general unease of a litigant or apprehension that this court may not grant him relief must remain far below the elevated threshold required for a judge to recuse.” The judge stressed that decisions cannot be influenced by perceptions or assumptions and must be based strictly on law and facts.
Also Read: Excise policy case: Delhi HC judge Swarana Kanta Sharma rejects Arvind Kejriwal's recusal plea
