After recusal row, Kejriwal, 2 other AAP leaders set to participate in excise case hearing

The CBI's counsel DP Singh informed the court that three vakalatnamas (a document in writing appointing a lawyer or pleader) had been filed.

Former Delhi chief minister (CM) Arvind Kejriwal, former deputy CM Manish Sisodia, and AAP leader Durgesh Pathak have decided to participate in the CBI’s appeal challenging the trial court’s order discharging them and 20 others in the Delhi excise policy case now being heard by Justice Manoj Jain.

Aam Aadmi Party (AAP) National Convener Arvind Kejriwal. (Hindustan Times/File)

When the matter came up before Justice Jain’s bench on Monday, the Central Bureau of Investigation (CBI)’s counsel DP Singh informed the court that three vakalatnamas (a document in writing appointing a lawyer or pleader) had been filed.

The court staff also confirmed that the three leaders submitted their vakalatnamas on Monday.

Taking note of the development, the court scheduled the matter for July 16 to frame a hearing schedule. “We’ll hear everything on the next date. In the meanwhile, if they have already filed vakalatnamas, we’ll see as to which dates can be given and a schedule can be drawn for hearing the matter,” Justice Jain said.

The leaders’ decision to participate came after Justice Jain, on May 19, had conveyed to them through the CBI that the case was now listed before him.

Kejriwal then sought to transfer the matter from her bench. But Chief Justice DK Upadhyaya rejected it on March 13.

On April 5, Kejriwal, and others sought Justice Sharma’s recusal, which she dismissed on April 20. On April 27, Kejriwal informed the judge in a letter that he would boycott the proceedings. Following this, Sisodia and Pathak also wrote similar letters.

On May 5, the court decided to appoint senior advocates as amicus curiae to represent the three leaders, but the matter was deferred on three occasions.

However, on May 14, Justice Sharma initiated contempt proceedings and withdrew herself from hearing the CBI’s appeal and the contempt case, stating that the law did not permit a judge who has initiated contempt proceedings over allegedly defamatory, contemptuous and vilifying material posted against the judge on social media, in relation to a matter, to continue hearing that very matter. But she clarified that her earlier April 20 order – refusing to recuse from the excise policy case – stood.

The judge held that after she refused to recuse herself from the case, Kejriwal adopted a course of “vilification” and “intimidation”.

However, on May 19, the CBI’s appeal, after Justice Sharma’s withdrawal, was listed before Justice Jain who had asked CBI to inform the three about the fact that the case had now been listed before his bench. This was after the judge noted that neither they nor their lawyer appeared before him, following the transfer.

Meanwhile, a division bench on May 19 had also issued notice to Kejriwal and other AAP leaders, including Sisodia, Saurabh Bhardwaj, Sanjay Singh, Vinay Mishra in the contempt initiated by Justice Sharma. Additionally, the same bench on May 21 also issued notice to AAP leader Gopal Rai and a journalist in a contempt petition moved by a lawyer Ashok Chaitanya for initiation of contempt also against Kejriwal and Bhardwaj, for allegedly running a coordinated campaign targeting Justice Sharma.