Delhi HC to rule on Kejriwal’s recusal plea in liquor policy case today

Delhi High Court judge Justice Swarana Kanta Sharma on Monday (April 20) said she would deliver her order at 4.30 pm on pleas filed by Arvind Kejriwal and others seeking her recusal in the liquor policy case, after agreeing to take additional written submissions from the AAP leader on record.

Court allows additional submission

The judge noted that the matter had originally been listed for pronouncement at 2.30 pm, but said she was "going out of her way" to accept Kejriwal’s rejoinder, treating it as a written submission rather than a formal filing under procedure.

Also Read: ‘Might be sympathetic to ideology’: What Kejriwal told HC seeking judge’s recusal

Appearing through video conferencing, the former Delhi Chief Minister urged the court to consider his response to the written submissions filed by the Central Bureau of Investigation, arguing that it should be included as part of the record.

Judge cites rules, rejects rejoinder format

As the exchange continued, Kejriwal described the registry’s refusal to accept his rejoinder as a “miscarriage of justice”.

Justice Sharma responded by pointing out that he was arguing in person and not through counsel, adding that the court had already gone “out of its way” earlier by allowing him to submit an additional affidavit even after reserving orders on the recusal plea.

Also Read: Kejriwal seeks recusal of Delhi HC judge in excise policy case, cites apprehension of bias

The judge said that, as per the registry's rule, a party in person must take permission from the court to file anything, and since the present case was not "extraordinary", the same practice was being followed.

‘I have respect for every litigant’

She added that in law, there is no concept of filing a "rejoinder" to the opposite party's written submissions, and she would permit Kejriwal to tender his pleadings as written submissions instead, so that he does not feel that he was not heard.

Also Read: Excise policy case: Delhi HC seeks Kejriwal's response on ED challenge to acquittal

"You say you have respect for me. I have respect for every litigant. The rule of court will not be changed for anyone so I will treat it as written submissions. I am taking it on record. I am giving the indulgence to Mr Kejriwal," the court stated.

CBI opposes, flags procedural breach

Solicitor General Tushar Mehta appeared for the CBI and opposed Kejriwal's request to file a rejoinder. Mehta said nowhere in the country were pleadings taken on record after an order was reserved by a court.

He also said there is no concept of filing a rejoinder to a written submission, and the court should do what it would do for any ordinary litigant.

Recusal plea and conflict claims

Kejriwal had raised several objections against the judge hearing the CBI's plea against his discharge in the liquor policy case, including that she had earlier denied him relief on his petition challenging his arrest and refused to grant relief on the bail pleas of other accused, including Manish Sisodia and K Kavitha.

Also Read: Delhi HC seeks Kejriwal, Sisodia response on ED plea to expunge trial court remarks

He also claimed that Justice Sharma had made "strong and conclusive" findings.

The former Delhi chief minister further alleged a "direct conflict of interest", claiming that the judge's children are empanelled central government lawyers who receive work through the solicitor general, who is appearing in the matter for the CBI.

Others join plea; contempt urged

Besides Kejriwal, the applications for recusal of the judge were also filed by AAP leaders Manish Sisodia and Durgesh Pathak.

Other respondents, including Vijay Nair and Arun Ramchandra Pillai, have also sought her recusal. Solicitor General urged Justice Sharma to initiate contempt action against Kejriwal and others for seeking her recusal.

Also Read: ‘Modi is not God’: Manish Sisodia accuses Centre of pursuing false cases

Terming concerns by Kejriwal and others as "apprehensions of an immature mind," Mehta told the court it was a matter of "institutional respect" and Justice Sharma should not succumb to pressure as her recusal on "unfounded allegations" would set a bad precedent.

On February 27, the trial court discharged Kejriwal, Sisodia and others in the Delhi liquor policy case, saying that the CBI's case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.

(With agency inputs)