Justice Swarana recuses but initiates contempt case against Kejriwal, others
What's the story
Delhi High Court Justice Swarana Kanta Sharma has initiated contempt of court proceedings against Aam Aadmi Party (AAP) leaders, including Arvind Kejriwal. The action comes after the accused allegedly made defamatory remarks against her on social media concerning the excise policy case. Pertinently, in light of the initiation of the contempt case, the judge has transferred the case to another bench to avoid any perception of bias.
Case transfer
Justice Sharma transfers case to another bench
Justice Sharma said, "It could be that if I keep hearing this (excise policy) case, Arvind Kejriwal and other people might think that I have a grudge against him." However, she clarified that the present order should not be understood as a transfer of matter merely because demands were made for her recusal. "This court has already rejected the demand for recusal. However, subsequent events (initiation of contempt) give rise to different issues," she said.
SG
Solicitor General requested her to continue hearing
Solicitor General Tushar Mehta requested her to continue hearing the matter. "My first request would be that this court continue hearing the matter. Everyone must know that if i seek a recusal and if i cannot satisfy the judge, my remedy is to go to a higher forum. These unscrupulous litigants have chosen not to go to the Supreme Court because they know they cannot successfully challenge this order," Mehta said. But she refused.
Allegations
SG Mehta responds to allegations
The AAP leaders had alleged a conflict of interest, claiming Justice Sharma's children are panel lawyers for the Central government. However, SG Mehta dismissed these allegations, stating that he had never accepted briefs from judges' children. "Your ladyship's children are one of the 600-700 panel lawyers. They are not associated with me," he said. He also said no politician has stooped so low as to tarnish an entire institution.