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 her decision was not based on the recusal demands made by Kejriwal and others but was necessitated by the initiation of contempt proceedings. "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.
Judge
'Instead of appealing to the Supreme Court...'
Kejriwal, Sisodia and others had earlier sought Justice Sharma's recusal, but she rejected their application on April 20, saying politicians can't sow mistrust and that their application amounted to putting the judiciary on trial. The judge noted that instead of appealing to the Supreme Court against her order, Kejriwal took to social media against her. She highlighted a coordinated campaign against her. She pointed out that letters, videos, and social media campaigns were widely circulated, questioning her integrity and impartiality.
Order
Edited video shared by AAP leader, judge says
If such claims are allowed to be publicized, it would significantly harm the institution of the judiciary and lead to anarchy, she opined. "This would mean that if a person does not like the judge, he can publicly accuse him of bias, publish letter...video," she said. She stated that a video shared by AAP leaders in which she was alleged to be speaking at an RSS event had been edited and that she was actually speaking at a college event.