Big setback for Kejriwal as Delhi HC judge Swarana Sharma refuses to recuse from liquor policy case

Kejriwal, AAP's Manish Sisodia and 21 others were discharged by a trial court on February 27 in the in the excise policy case.

Delhi High Court judge Swarana Kanta Sharma on Monday refused to recuse from hearing the liquor police case, involving AAP convenor Arvind Kejriwal and others.

Delhi High Court judge Swarana Kanta Sharma on Monday gave the order in the liquor-policy case.

Kejriwal and others had filed an appeal before the high court seeking Justice Sharma's recusal in the liquor policy case, after the AAP leader's move to transfer of the case was rejected last month.

“Personal apprehension have not been able to pass the threshold of the apprehension of bias. Recusal has to stem from law and not from narrative and this is a defining moment for the court,” Swarana Kanta Sharma said even as she rejected the application filed by former Delhi chief minister Kejriwal and five others seeking her recusal from hearing (CBI)’s appeal against trial courts order.

Kejriwal, AAP's Manish Sisodia and 21 others were discharged by a trial court on February 27 in the in the excise policy case.

"If this court was to recuse, it would be an act of surrender and a signal that instiuton including judge and the court can be bent, shaken and changed. Application seeking recusal are rejected,” she added.

“I was faced with situations where my impartially and dignity was challenged. The natural instinct was to recuse without hearing applications,” Swarana Kanta Sharma while pronouncing the order.

She added that she chose to hear the arguments in view of fairness.

While deciding on Kejriwal’s application seeking her recusal from hearing the liquor policy case, Jusrice Sharma said a “recusal will carry deeper ramifications.”

Why Kejriwal demaded recusal?

Kejriwal sought Justice Sharma’s recusal as he contended that the judge’s children are empanelled with the Centre and are allocated cases by Solicitor General (SG) Tushar Mehta, who is contesting the appeal on behalf of the agency.

However, the CBI on Thursday opposed Kejriwal’s plea seeking the recusal as it argued that accepting his contention would set a precedent that could effectively disqualify judges across the country from hearing cases involving governments or political figures.

Even as Kejriwal asserted that the registry's refusal to take his rejoinder on record was "miscarriage of justice", Justice Sharma remarked that since he was not being represented by a lawyer, the court went "out of its way" for him when it allowed him to file his additional affidavit last week, even after the order on the recusal issue was reserved.

In his latest filing, Kejriwal has said the CBI has not disputed that Justice Sharma's children are on central government panels and receive work marked through the "solicitor general-led litigation structure".