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Arvind Kejriwal, Manish Sisodia to participate in excise policy case after Delhi HC judge opted out of matter
The court noted the development and said the matter will be taken up on July 16 to frame a hearing schedule.
Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak will appear in the proceedings in the Central Bureau of Investigation (CBI)’s appeal against a trial court’s order discharging them and others in the excise policy case.
This came days after the three announced they would boycott proceedings over Justice Swarna Kanta Sharma's refusal to recuse from the matter before it was listed before Justice Manoj Jain's bench.
On Monday, CBI’s counsel, DP Singh, told the court that three have filed their vakalatnamas, or authorisation for their legal representation, when the matter came up before Justice Jain. The court staff confirmed that Kejriwal, Sisodia, and Pathak submitted them on May 25.
The court noted the development and said the matter will be taken up on July 16 to frame a hearing schedule. “...we will hear everything on the next date. ...they have filed vakalatnamas, we will see as to which dates can be given and a schedule can be drawn for hearing the matter,” Justice Jain said.
On May 19, Justice Jain asked the CBI to inform Kejriwal, Sisodia, and Pathak that the case was now listed before him.
An unprecedented face-off between Justice Sharma and Kejriwal began after the trial court discharged Kejriwal and others in the excise policy case, prompting the CBI to approach the high court. On March 9, Justice Sharma stayed the trial court’s direction for departmental action against a CBI officer and deferred Enforcement Directorate proceedings.
On March 13, Chief Justice DK Upadhyaya rejected Kejriwal's request for transferring the matter from her bench. The AAP leaders sought Justice Sharma’s recusal, which she dismissed on April 20. On April 27, Kejriwal informed Justice Sharma that he would boycott the proceedings. Sisodia and Pathak followed suit. On May 5, the court appointed senior advocates as amici curiae to represent the three, but the matter was deferred on three occasions.
Justice Sharma initiated contempt proceedings on May 14 and withdrew herself from hearing the CBI’s appeal and the contempt case over allegedly defamatory, contemptuous, and vilifying material posted against her on social media. She said the law did not permit a judge who initiated contempt proceedings to continue hearing that matter.
The judge refused to recuse herself earlier, saying Kejriwal adopted a course of vilification and intimidation. On May 19, the matter was listed before Justice Jain.
A division bench has issued notices to Kejriwal and other AAP leaders, including Sisodia, Saurabh Bhardwaj, Sanjay Singh, and Vinay Mishra, in the contempt case.
