‘Kejriwal to seek recording of affidavit in recusal plea today’

On April 16, Kejriwal filed an additional affidavit before the court, reiterating his request for Justice Swarana Kanta Sharma’s recusal from hearing the CBI’s appeal.

New Delhi: Aam Aadmi Party (AAP) chief Arvind Kejriwal is likely to appear before the Delhi High Court today to request that his affidavits filed in response to the CBI’s submissions opposing the plea seeking recusal of Justice Swarna Kanta Sharma in excise policy case be taken on record, AAP said in a statement on Sunday.

Kejriwal and the others formerly accused in the excise policy case originally filed the recusal petition on April 5.

“Arvind Kejriwal has filed his response to the Central Bureau of Investigation’s (CBI’s) affidavit but it is not being accepted on record. Kejriwal will request that his response be taken on record. Why are our responses not being recorded again and again,” said the statement.

On April 16, Kejriwal filed an additional affidavit before the court, reiterating his request for Justice Swarana Kanta Sharma’s recusal from hearing the CBI’s appeal. The affidavit contended that the judge’s children were empanelled with the Centre and that Solicitor General (SG) Tushar Mehta, who is contesting the appeal for the CBI, allocates cases to them. The judge agreed to admit the document into the record.

Kejriwal and the others formerly accused in the excise policy case originally filed the recusal petition on April 5.

Delhi AAP chief Saurabh Bharadwaj said in a statement on Sunday that Kejriwal had earlier attempted to file an affidavit concerning the children of Hon’ble Justice Swarna Kanta Sharma. “However, it was not taken on record. Kejriwal had to personally appear before the court and humbly request the Hon’ble Court. Now, the CBI has submitted its reply to Kejriwal’s affidavit. Kejriwal wishes to file a rejoinder to that reply. Unfortunately, even that is not being accepted on record.”

“If our applications, affidavits, and replies are not even taken on record, how will we get justice? Tomorrow morning at 10:30am, Kejriwal will once again appear before the court via video conferencing and humbly request the hon’ble court to kindly take his rejoinder on record,” he added in a post on X.

There was no immediate response from the Bharatiya Janata Party (BJP).

On February 27, a trial court discharged Kejriwal, Manish Sisodia and 21 others in the excise policy case, holding that the CBI’s material did not disclose a prima facie case, prompting the agency to challenge the order before the high court.

On March 9, Justice Sharma stayed the trial court’s direction for departmental action against a CBI officer, calling the remarks prima facie misconceived, and deferred ED proceedings.

Kejriwal moved for transfer of the case on March 11, which was rejected on March 13. He, along with Sisodia and four others, then sought Justice Sharma’s recusal. The court reserved its order on Monday, and Kejriwal filed an additional affidavit a day later, which was taken on record on Thursday.

The CBI has opposed Kejriwal’s plea seeking the recusal of Justice Swarana Kanta Sharma in the excise policy case, arguing that accepting his contention would set a precedent that could effectively disqualify judges across the country from hearing cases involving governments or political figures.

In its written submissions responding to Kejriwal’s additional affidavit—which alleged that the judge’s children are on a government panel and receive work from the law officer in the matter—the agency said such a position could also disqualify law officers who assign cases to panel lawyers from appearing before such judges.