‘Can’t stay silent’: Delhi HC judge to initiate contempt over 'vilifying' posts

Justice Sharma is hearing the plea filed by CBI challenging a trial court order discharging the 23 accused including Arvind Kejriwal in the excise policy case

Justice Swarana Kanta Sharma of the Delhi high court on Thursday said she has decided to initiate contempt proceedings against certain individuals discharged by the trial court in the CBI case relating to the Delhi excise policy for posting defamatory, contemptuous and vilifying material against her and the court on social media.

Justice Sharma said that she would first pass an order around 5pm initiating contempt proceedings. (Image taken from Delhi HC website)

The judge said she will announce her decision on initiating contempt proceedings at 5pm.

Justice Sharma said that she was scheduled to announce on Thursday the names of the senior advocates who would represent former chief minister Arvind Kejriwal, former deputy chief minister Manish Sisodia and AAP leader Durgesh Pathak in the CBI’s appeal following their decision to boycott the proceedings.

“Today, I was to announce the names of the amicus, I had made efforts, and some senior counsels had also graciously agreed, but in the meantime, it has come to my notice that extremely vilifying, extremely contemptuous material is being posted by some of the respondents against me and against this court and I cannot stay silent,” the judge said.

“So therefore, I have decided to draw contempt proceedings against some of the respondents and some other contemnors. My order is ready, and I will be announcing it around 5 and then only I will decide as to what will I do with this case,” she said on Thursday afternoon when she took up the Central Bureau of Investigation (CBI)’s appeal against the trial court’s February 27 order discharging Kejriwal and 22 others in the excise policy case.

On the first day of hearing the CBI’s appeal, justice Sharma on March 9 stayed the trial court’s direction for departmental action against a CBI officer, calling the remarks prima facie misconceived, and deferred the proceedings initiated by ED with regard to the Delhi excise policy.

On March 11, Kejriwal urged chief justice DK Upadhyaya to transfer the case to another judge, but the plea was rejected on March 13. He, along with Sisodia and four others, then moved an application before justice Sharma seeking her recusal, in which Kejriwal appeared in person to argue his application.

On April 20, the judge dismissed the applications, holding that there was no “demonstrable cause” for recusal and warning that stepping aside on the basis of perceived bias would set a disturbing precedent.

However, Kejriwal wrote to the judge on April 27 informing her of his decision to boycott the proceedings. In his letter, the AAP chief said that after the April 20 verdict, his “well-grounded apprehensions” remained unresolved, and the judgment left him with the impression that his legitimate concerns had been perceived as a personal attack on the judge and an “assault” on the institution itself.

Manish Sisodia and subsequently Durgesh Pathak also wrote similar letters conveying the same decision.

On April 29, justice Sharma nevertheless granted them a final opportunity to file their responses and listed the matter for hearing on May 4 for arguments on CBI’s behalf. This followed her noting that the complete trial court record, including the latest orders passed by the trial court after the February 27 order, had not yet been received.

On May 5, she stated that an order appointing amicus curiae to represent Kejriwal, Sisodia, and Pathak would be passed.