'Judiciary put on trial': Delhi judge rejects Kejriwal's recusal plea
What's the story
Justice Swarana Kanta Sharma of the Delhi High Court has dismissed a plea by Aam Aadmi Party (AAP) leader Arvind Kejriwal and others seeking her recusal from the Delhi Excise Policy case. The judge strongly refuted allegations of bias, saying, "The floodgates can't be opened to sow seeds of mistrust." The applications amounted to putting the judiciary on trial, Justice Sharma ruled.
Event attendance
Justice Sharma defends her participation in ABAP events
"The litigant has put the institution of judiciary on trial. I choose the path to resolve the controversy. The strength of judiciary lies in its strong resolve to decide the acquisitions," she said. Justice Sharma also defended her participation in events organized by the Akhil Bharatiya Adhivakta Parishad (ABAP), an organization affiliated with the Rashtriya Swayamsevak Sangh (RSS). She clarified that these were not political events but programs on new criminal laws and interactions with younger members of the bar.
Conflict clarification
No conflict of interest shown: Judge
The judge also addressed concerns about a possible conflict of interest due to her children being part of the Central government panel counsel. She said such a conflict should be clearly demonstrated in the case at hand. "Even if the relatives of this Court are on the government panel, the litigant has to show the impact of that on the present case or the decision-making power of this Court. No such nexus has been shown," she added.
Public perception
Judge warns against potential public perception issues
The judge highlighted that a recusal could lead the public to believe that judges are aligned with specific political parties or ideologies. "A recusal would lead the public to believe that judges are aligned with a particular political party," she said. She also said the plea was not filed with evidence but with "insinuations." "The file seeking recusal did not arrive with evidence; it arrived on my table with aspersions, insinuations and doubts cast on my integrity, fairness and impartiality."
Argument critique
Judge's son, daughter are panel counsel for central government
On February 27, a trial judge discharged Kejriwal and the other 22 accused in the Delhi Excise Policy case. The Central Bureau of Investigation (CBI) challenged the order, which is currently being heard by Justice Sharma. Kejriwal and other accused subsequently filed applications seeking Justice Sharma's recusal. They argued that Justice Sharma should not hear the case since her son and daughter are panel counsel for the central government, resulting in a conflict of interest.