Excise policy case: Arvind Kejriwal’s plea seeking HC judge’s recusal taken on record, hearing set for April 13

The Delhi High Court on Monday said it will hear on April 13 a plea by former chief minister Arvind Kejriwal seeking the recusal of Justice Swarana Kanta Sharma from a case related to the excise policy, even as the CBI opposed the move, calling the allegations “frivolous and contemptuous.”

Justice Sharma took Kejriwal’s application on record and listed it for hearing on April 13.

Appearing for the CBI, Solicitor General Tushar Mehta strongly opposed the plea, saying the court was “not a forum for theatrics” and that Kejriwal should discharge his counsel if he wished to argue the matter in person. He termed the allegations in the recusal application “frivolous and contemptuous,” adding that seven other discharged accused had also sought the judge’s recusal.


“If anyone else wants to file the application, please do it so that I can decide it once and for all,” Justice Sharma remarked during the proceedings.

Kejriwal, who arrived at court with his wife, declined to comment on the matter, stating that it was sub judice.

The High Court is hearing a petition filed by the CBI against a trial court order dated February 27, which discharged Kejriwal, Manish Sisodia and 21 others, holding that the agency’s case was unable to withstand judicial scrutiny. On March 9, Justice Sharma issued notice to all 23 accused, observing that certain findings of the trial court at the stage of framing of charges appeared prima facie erroneous and warranted examination. She also stayed the trial court’s recommendation for departmental action against the CBI’s investigating officer.

Earlier, Chief Justice D. K. Upadhyaya declined Kejriwal’s request to transfer the matter to another bench, stating that any decision on recusal rests with the judge concerned.

In a representation submitted on March 11, Kejriwal, Sisodia and other accused had cited a “grave, bona fide and reasonable apprehension” regarding the impartiality of the proceedings before Justice Sharma.

During earlier hearings, Mehta argued that the High Court need only examine the trial court record and the discharge order, describing the latter as an “exception order” that should not remain in force for long. Senior advocate N. Hariharan, appearing for Kejriwal, sought additional time to respond, noting that the discharge order runs to nearly 500 pages and that related proceedings, including a special leave petition and a writ petition, are pending before the Supreme Court.

The case pertains to alleged irregularities in the formulation and implementation of Delhi’s now-scrapped Excise Policy 2021–22, which is under investigation by the CBI and the Enforcement Directorate.

(With inputs from agencies)