Judge steps away from liquor policy case, but says not giving in to Kejriwal

Delhi High Court judge Justice Swarna Kanta Sharma recused herself from the excise policy case after initiating criminal contempt proceedings against Arvind Kejriwal and other AAP leaders over remarks targeting the court.

In Short

• Contempt proceedings initiated against Arvind Kejriwal and four others over statements
• Judge cited risk of bias if she continues hearing case after contempt initiation
• Kejriwal alleged conflict of interest; judge's family targeted on social media

Justice Swarana Kanta Sharma of the Delhi High Court on Thursday recused herself from hearing the excise policy-related matter involving senior Aam Aadmi Party leaders after initiating criminal contempt proceedings against former Delhi Chief Minister Arvind Kejriwal and four other party leaders over their statements and social media posts targeting the judge.

Explaining her decision to step aside from the main case, Justice Sharma said another bench would hear the excise policy matter to avoid any apprehension of bias.

“If I continue to hear the case after the contempt proceedings, these parties can say I have a personal grudge against them,” the court observed.

"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 the guise of free speech," Justice Sharma said.

Justice Sharma said she stood by her earlier order rejecting the recusal pleas filed by AAP leaders, asserting that she “would not change a single word” of it. She said she had “stood up for the institution and for herself."

However, the judge added that under the law, a judge initiating contempt proceedings cannot continue hearing the main matter. She said the case would now be placed before the Chief Justice for assignment to another bench.

Apart from Arvind Kejriwal, Justice Swarana Kanta Sharma initiated contempt proceedings against AAP leaders Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra and Saurabh Bharadwaj.

Kejriwal had earlier alleged a conflict of interest, claiming that Justice Sharma’s children were panel counsels for the Central government. The judge observed that the allegations extended beyond the courtroom and that her family had also been targeted on social media.

During the hearing, Solicitor General Tushar Mehta said many young lawyers associated with his office are children of judges, but maintained that he avoids appearing in matters before courts where such conflicts may arise. He criticised attempts to create a “narrative-building exercise” against judges and said the judiciary “cannot lose its civility”.

Mehta also suggested that standard operating procedures or guidelines be framed to deal with such situations and urged Justice Sharma to continue hearing the case. However, the judge said judicial discipline required that the matter be transferred to another bench.

AAP chief Kejriwal responded to the decision by tweeting, "Satya ki jeet hui hai, Gandhiji ke Satyagraha ki phir ek baar jeer hui hai (Truth has triumphed. Gandhi ji's Satyagraha has triumphed once again"

The excise policy case involves CBI and ED probes into alleged corruption in Delhi's 2021-22 liquor policy, where Kejriwal and other AAP figures faced charges

- Ends