The Delhi high court on Wednesday gave “one more last opportunity” to former chief minister Arvind Kejriwal, former deputy chief minister Manish Sisodia, Aam Aadmi Party (AAP) leader Durgesh Pathak and four others to file their reply to the Central Bureau of Investigation (CBI) appeal against the trial court order discharging them in the excise policy case.
Justice Swarana Kanta Sharma, who had previously rejected Kejriwal’s plea to recuse from the case, told them to file their responses by Saturday.
“One more last opportunity granted to file the reply, by Saturday, I will start hearing the matter on Monday,” justice Sharma said after being informed on Wednesday that only 7 of the 23 respondents were yet to file their reply to the CBI petition.
The high court’s fresh order comes after Kejriwal, Sisodia and Pathak stayed away from Wednesday’s proceedings following her decision not to recuse from the case.
On Monday, Kejriwal wrote to the judge to convey that he would not appear in the case before her since his “well-grounded apprehensions” remained unresolved.
Manish Sisodia sent a similar letter on Tuesday, and Durgesh Pathak followed on Wednesday.
Although the court was scheduled to begin hearing the matter on merits and the agency’s arguments, the court adjourned the proceedings to Monday as the trial court records had not been received. The judge also directed that the records be sent by the following day.
{{/usCountry}}Although the court was scheduled to begin hearing the matter on merits and the agency’s arguments, the court adjourned the proceedings to Monday as the trial court records had not been received. The judge also directed that the records be sent by the following day.
{{/usCountry}}The court is hearing a CBI challenge to a February 27 trial court order that discharged Kejriwal, Sisodia, and 21 others in the excise police case, holding that the CBI’s material did not even disclose a prima facie case.
CBI challenged the order before the high court. On March 9, the judge stayed the trial court’s direction for departmental action against a CBI officer, calling the remarks prima facie misconceived, and deferred ED proceedings.
On March 11, Kejriwal sought transfer of the case to another judge, which was rejected on March 13. He, along with Sisodia and four others, then moved an application before the judge seeking her recusal. On April 20, the judge dismissed the applications, holding there was no “demonstrable cause” for recusal and that stepping aside based on perceived bias would set a disturbing precedent.
At Wednesday’s hearing, the judge also issued notice on an application filed by Sarvesh Mishra, an alleged associate of Aam Aadmi Party (AAP) parliamentarian Sanjay Singh to seek to seek vacation of the March 9 order, and directed the CBI to file its response.