NEW DELHI: The Delhi High Court on Monday issued a notice to the CBI on a series of recusal applications in the excise policy case, even as Solicitor General Tushar Mehta objected at the outset, cautioning that repeated pleas seeking recusal of Justice Swarana Kanta Sharma raised “serious” concerns and could not be allowed to cast aspersions on the institution.
Opening the proceedings, the law officer, appearing for the CBI, informed the high court that seven applications had been moved seeking the judge’s recusal. He submitted that making allegations against the court had become a pattern in certain cases and asserted that the agency would stand by the institution.
“The courtroom is not for theatrics,” Mehta said, during the hearing, on the presence of Kejriwal and his wife in the court. He said repeated allegations were being made against the institution of the judiciary and must be countered. He further cautioned that if such applications were rejected, the conduct could invite contempt proceedings.
Mehta also addressed the mode of appearance adopted by Arvind Kejriwal, who appeared in person and sought to press his recusal application. While stating that the agency had no objection to Kejriwal arguing in person, the Solicitor General pointed out that the AAP leader had already engaged counsel and had not discharged them. He submitted that a litigant could not simultaneously be represented and argue in person, and urged that all parties seeking recusal be directed to complete pleadings within a fixed timeline so the issue could be decided together.
Kejriwal, addressing the high court, submitted that his application had been filed in accordance with the prescribed procedure and requested that it be taken on record, pointing out practical limitations in e-filing for a litigant appearing without counsel. He also confirmed that he would argue the application himself.
Taking note of the submissions, Justice Sharma directed that the application be taken on record and issued notice. The high court permitted filing of replies and written submissions, observing that any other accused seeking recusal may also file their applications so that all such pleas could be decided together. The matter has been listed for April 13.
The high court was also informed that a writ petition earlier filed before the Supreme Court seeking transfer of the case to another Bench had been withdrawn.
The proceedings arose from the CBI’s challenge to a trial court order dated February 27 discharging 23 accused persons, including Kejriwal, former Deputy Chief Minister Manish Sisodia and BRS leader K Kavitha. The trial court had also passed critical observations on the agency’s investigation.
Kejriwal had earlier approached the Chief Justice of the high court seeking transfer of the matter, citing apprehensions regarding impartial adjudication. The request was declined, following which he moved the Supreme Court under Article 32.
The case pertains to the Delhi Government’s 2021-22 excise policy, introduced with the stated objective of reforming the liquor trade and enhancing revenue. The policy was later withdrawn amid allegations of irregularities, after which Lieutenant-Governor Vinay Kumar Saxena ordered a probe by the CBI.
According to the agency, the policy was framed and implemented in a manner that conferred undue advantage on private entities, resulting in loss to the public exchequer. Sisodia was arrested in February 2023, while Kejriwal was formally arrested by the CBI in June 2024 during his custody in a related money laundering case. Both were subsequently granted bail after extended periods in custody.