Delhi HC to initiate contempt action over defamatory content against judge in excise policy case

New Delhi: The Delhi High Court on Thursday said it would initiate contempt proceedings against certain respondents and individuals after "extremely defamatory content" was allegedly circulated against Justice Swarana Kanta Sharma in connection with the Delhi excise policy case.

While hearing the CBI's plea challenging the discharge of several accused persons, Justice Sharma said that she had initially intended to announce the names of amicus curiae who would assist the Court after some respondents chose not to participate in the proceedings.

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"Today I was to announce names of amicus. I had made efforts, some seniors also accepted. In the meantime, it has come to my notice that extremely defamatory content is posted against me by some respondents," the judge said in open court.

Justice Sharma further observed that she could not remain silent in the face of such allegations and indicated that contempt action would be initiated.

"I have decided to take contempt action against some respondents and contemnors," the Court said.

The judge added, "I cannot stay silent. I will pass a detailed order at 5 PM."

The matter relates to the Delhi excise policy case in which the CBI has challenged the trial court order discharging former Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and others.

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Earlier this week, Kejriwal had publicly stated that he would neither appear personally nor through counsel before Justice Sharma, claiming that his "hope of receiving justice" from the judge had been shaken. His remarks came after the High Court dismissed his plea seeking Justice Sharma's recusal from the case.

The High Court, while rejecting the recusal request, had observed that allegations of bias were based on conjecture and did not satisfy the legal standard required for recusal. The Court had also cautioned against attempts to question judicial impartiality without substantive material.

Following the developments, the High Court had decided to appoint an amicus curiae to assist in the proceedings after some respondents opted not to participate in the hearing.

The matter is likely to be taken up further after the detailed order is passed.