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‘Floodgates of court cannot be opened…’: What Justice Swarana Kanta Sharma said on ‘RSS link’, Amit Shah, her children
Justice Swarana Kanta Sharma said recusal has to "stem from law and not from narrative" and called the dismissal a "defining moment for the court".
"Unfounded allegations won't decide benches," Delhi high court judge Justice Swarana Kanta Sharma ruled, even as she dismissed AAP convenor Arvind Kejriwal's plea seeking recusal from hearing the excise policy case.
While refusing Kejriwal's recusal plea, Justice Sharma said recusal has to "stem from law and not from narrative" and called the dismissal a "defining moment for the court".
The observation came in response to a hearing on a plea filed by Kejriwal and others before the high court seeking Justice Sharma's recusal in the liquor policy case, after the AAP leader's move to transfer the case was rejected last month.
The court said that accepting such pleas on mere suspicion would undermine the judicial process and erode institutional integrity.
Here are the top quotes from Justice Swarana Kanta Sharma's ruling:
- On Kejriwal’s allegation on Amit Shah: On Kejriwal's contention that there was an “apprehension of bias” since the minister had made the statement, Justice Sharma said, "Any politician or Union Minister expressed opinion which may he adverse to litigant, there is no control on what politician or Kejriwal who is politician himself may state in public or in politics." "It is matter of common language such statements are made by political parties in opposition," she added, according to the LiveLaw.
- On attending RSS-linked event: On Kejriwal's claim that the judge attended a lawyers' body event allegedly linked to the RSS, she said such engagements were professional and not political in nature. She observed that many judges participate in similar events and that mere attendance as a speaker or chief guest cannot be construed as ideological bias or give rise to apprehension of prejudice.
- No space for any political ideology: She said that while judges are invited as judges of court, but in interaction, there is no space for any political ideology. "The relationship between bar and bench is not confined only to courtrooms. It is not uncommon for bar associations to organize functions. No litigant can be allowed to reckon relationship between bar and bench," she added.
- On ‘children linked to govt’ claim: On Kejriwal's claims that Sharma's children have "active professional ties" with government, she said, “Only Kejriwal has made this allegation. It was insinuated number of cases marked to family. It was pointed out by CBI that figures mentioned by Kejriwal which was also circulated on social media on his behest were incorrect.”
- 'If children of politicians enter politics': Hitting out at Kejriwal's claims, she said, "If children of politicians can enter politics, how will it be fair to question when children or family of judge enter legal profession and struggle and prove themselves like others." She added that relatives of this court have no connection with this dispute.
- Court cannot be theatre of perception: "A judge cannot recuse to satisfy a litigant's unfounded suspicion," the judge said, adding that the courtroom cannot become a “theatre of perception.” “Floodgates of court cannot be opened by allowing a litigant to plant seeds of distrust solely on this basis,” she added.
- Catch 22 situation: She said she was put in a ‘Catch-22’ situation by Kejriwal, where he created a “win-win situation” for himself. She further Sharma said she will not bend to a “media-driven narrative” and abdicate her duty.
The case stems from the Delhi Excise Policy case, where the CBI has challenged the discharge of Arvind Kejriwal, Manish Sisodia and others. Kejriwal, and 22 others were discharged by a trial court on February 27 in the in the excise policy case.
