Delhi HC judge starts contempt against Kejriwal, then steps away from excise case

Justice Swarna Kanta Sharma said the case will be heard by any other bench, while she will draw the contempt proceedings.

Delhi high court judge Justice Swarana Kanta Sharma on Thursday said she would not hear the CBI’s appeal against the trial court order discharging former Delhi chief minister Arvind Kejriwal and 22 others in the excise policy case, following the initiation of contempt proceedings against Kejriwal, Manish Sisodia, Durgesh Pathak, Sanjay Singh and Saurabh Bharadwaj over allegedly defamatory and contemptuous social media posts against her.

AAP national convener Arvind Kejriwal. (PTI)

The judge observed that the law does not permit a judge who has initiated contempt proceedings in relation to a matter to continue hearing that very matter.

“I reiterate that i stand by the recusal order. I do not change the word. I had to stand up for this institution and I had. This case will be heard by any other bench and I will draw contempt proceedings because as per law the judge who draws contempt proceedings cannot hear the main case. Recusal stands as it is," Justice Sharma said.

Justice Sharma also alleged that Kejriwal had “orchestrated a campaign of vilification” on social media against her order. Justice Sharma said that after she delivered the order on the recusal, the AAP leader had posted a letter on social media platform X at 10 am, announcing his decision to boycott the court proceedings. After this, she said, several members, spokespersons and office bearers of AAP also shared the letter and the video.

“The tone, tenor and manner were not of fair criticism. They have run a campaign, and the social media campaigns questioned the integrity, impartiality of this court, ideological alignment and statements were circulated,” the high court judge said. Justice Sharma said this was an “attempt to lower the authority of this court.”

The judge took exception to several social media posts by the proposed contemnors that attributed "political allegiance" to her and allegedly targeted her by posting a misleading "edited" video of a speech given by her at an educational institution in Varanasi.

"Arvind Kejriwal sought to destroy my reputation instead of availing legal remedies after I refused to recuse and a deliberate attempt to lower the court's authority can't be permitted in guise of free speech," Justice Sharma said.

Solicitor General Tushar Mehta, appearing for CBI, thanked Justice Sharma for upholding the institution's dignity.