Delhi High Court initiates contempt plea against Kejriwal, recuses from excise case

New Delhi: Justice Swarana Kanta Sharma of Delhi High Court Thursday initiated contempt of court proceedings against former Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and others for making defamatory and vilifying allegations against her on social media in connection with the Delhi excise policy case.

Significantly, after initiating criminal contempt proceedings the Judge decided to recuse from hearing the main matter in which CBI has appealed against the discharge of Kejriwal and all others booked by CBI for their alleged involvement in the Delhi excise policy case.

Also read: Excise case: Justice Swarana K Sharma initiates contempt proceedings against Kejriwal, Sisodia over 'vilifying' posts


Justice Sharma said that Kejriwal and others indulged in a concerted campaign to scandalise the court and undermine public faith in the judiciary.

In a sharply worded judgment dictated in open court, Justice Sharma held that the material placed before her prima facie disclosed criminal contempt under the Contempt of Courts Act, observing that statements and social media campaigns targeting the court appeared aimed at intimidating the independent exercise of judicial functions.

"Judicial silence is mistaken as weakness by those who are not familiar with constitutional discipline," Justice Sharma observed. She underlined that courts are not seeking immunity from criticism, but cannot permit organised attempts to erode the justice delivery system.

Also read: 'Truth has won': Kejriwal on transfer of liquor-policy case to another Delhi HC bench

Transferring the main matter to another bench, Justice Sharma observed that it could that if she keeps hearing the main matter Kejriwal and others "might think that I have a grudge against him. That is why I have thought that this particular case will be heard by some other bench".

The Judge clarified that she has already rejected the demand for recusal vide a detailed judgment passed last month.

"However subsequent events (initiation of criminal contempt proceedings) give rise to different issues. Therefore, let it be a reminder that you pay a personal price for constitutional courage", the Judge said.