The Delhi High Court on Monday issued a notice to the Central Bureau of Investigation (CBI) over Aam Aadmi Party (AAP) national convener Arvind Kejriwal's plea seeking recusal of Justice Swarana Kanta Sharma in the excise policy case. The court said it will now hear the matter next on April 13.
"This Court takes the application (for recusal) on record. Advance notice of this application was received by the other side. Let them file a reply by tomorrow," the court said, as reported by Bar and Bench.
This comes after Kejriwal, who was accompanied by his wife Sunita, told the court that he has filed a recusal application and asked the bench to take it on record. In response, Solicitor General Tushar Mehta, appearing for the CBI, objected to the application and said that the prosecution will address the issue first, while also adding that the allegations are "frivolous and contemptuous".
Mehta further said that Kejriwal may argue in person only after discharging his counsel, as he stressed that the Delhi High Court is “not a forum for theatrics.” "I have no objection to him appearing in person, but he has already engaged a lawyer. Unless he discharges his counsel, he cannot argue himself—if he chooses to appear, only he should represent the case going forward," he said, as quoted by news agency ANI.
Replying to Mehta, Kejriwal said he has filed the recusal application only as per the high court's procedure. He also pointed out that a petitioner appearing in person cannot e-file.
A look back at what has happened so far
Earlier, Delhi High Court Chief Justice DK Upadhyaya declined Kejriwal's plea to transfer the CBI's petition from Justice Swarana Kanta Sharma to another judge. Upadhyaya had said that a call regarding recusal needs to be taken by the judge concerned.
In his plea on March 11, the former Delhi chief minister and senior AAP leader Manish Sisodia had said that there was a "grave, bona fide, and reasonable apprehension" that the hearing in the matter before Justice Sharma would not be impartial and neutral.
This came after Kejriwal, Sisodia and 21 others were discharged by a trial court and said that the case was wholly unable to survive judicial scrutiny, pulling up the CBI. But on March 9, Justice Sharma issued a notice to Kejriwal and other accused, saying that certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.
