‘Hope of getting justice broken’: Kejriwal writes to Delhi HC Justice Sharma, refuses
‘Hope of getting justice broken’: Kejriwal writes to Delhi HC Justice Sharma, refuses to appear in court
M.U.H
27/04/202621
Aam Aadmi Party chief Arvind Kejriwal has written to Justice Swarana Kanta Sharma, stating that he will not appear in the excise policy case either in person or through legal representation, the party said on Monday.
In his letter, Kejriwal said, "My hope of getting justice from Justice Swarana Kanta has been broken." He added that in response, he has decided to adopt a path of protest inspired by Mahatma Gandhi, writing, "Therefore, I have decided to follow Mahatma Gandhi's path of Satyagraha."
The AAP leader further said the move was a personal one, taken after reflection. "I have made the decision by listening to the voice of my conscience," he wrote.
The development comes after the Delhi high court rejected a plea filed by Arvind Kejriwal seeking the recusal of Justice Sharma from hearing the excise policy case.
In his petition, the AAP chief had raised concerns over a perceived conflict of interest, pointing to the empanelment of the judge’s children as Central government counsel. He argued that the situation gave rise to a reasonable apprehension of bias.
What Justice Sharma observed
Dismissing the recusal pleas, Justice Sharma made it clear that a litigant’s perception alone cannot be grounds for a judge to step aside.
As reported by HT earlier, the Judge said that the “mere apprehension” that one may not get relief from a court is not sufficient to seek recusal.
In a strongly worded order, she cautioned that stepping aside under such circumstances would send the wrong signal. “If this court was to recuse, it would be an act of surrender and a signal that institution including judge and the court can be bent, shaken and changed. Applications seeking recusal are rejected,” she ruled.
“Judges are bound by the discipline of their office… Today it is this court; tomorrow it will be another court,” Sharma added.
Sharma also addressed the nature of the allegations placed before her, saying the recusal file “did not arrive with evidence but it arrived on my table with aspersions, insinuations and doubts cast on my integrity.”
What Kejriwal alleged
The plea by Arvind Kejriwal was rooted in allegations of a perceived bias. He had argued that Justice Sharma’s participation in events organised by the Akhil Bharatiya Adhivakta Parishad (ABAP) — which he claimed is aligned with a particular ideology opposed to the Aam Aadmi Party — raised concerns over impartiality.
The controversy stems from proceedings linked to the alleged irregularities in Delhi’s excise policy. The matter reached the Delhi high court after a trial court discharged Kejriwal and 22 others on February 27, stating that the CBI’s material did not make out a case for trial.
The CBI then challenged that order in the high court.
During an earlier hearing on March 9, Justice Sharma stayed directions for departmental action against a CBI officer and termed some of the trial court’s observations as “prima facie misconceived.”
