Excise policy case: Delhi HC judge Swarana K Sharma refuses to recuse, rejects Kejriwal's plea

New Delhi: Delhi High Court judge Swarana Kanta Sharma on Monday refused to recuse herself from hearing the liquor-policy case as she rejected the pleas of AAP chief Arvind Kejriwal and others for her withdrawal.

In the pronouncement that lasted for more than an hour, Justice Sharma said a litigant cannot be allowed to judge a judge without any material, and judges cannot recuse themselves to satisfy a litigant's unfounded apprehension of bias.

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She added that a political leader cannot be allowed to damage an institution without any basis, as a personal attack on a judge is an attack on the judiciary itself.

Justice Sharma concluded that the narrative in the pleas for her recusal was based on conjectures and "perceived inclinations".

"This court will stand up for itself and the institution.... I will not recuse," the judge said.

Kejriwal had raised several objections against the judge hearing the Central Bureau of Investigation's (CBI) 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.

Besides Kejriwal, the applications for the judge's recusal were also filed by Aam Aadmi Party (AAP) leaders Sisodia and Durgesh Pathak.

Other respondents, including Vijay Nair and Arun Ramchandra Pillai, had also sought her recusal.

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Solicitor General Tushar Mehta appeared in the court for the CBI and opposed the plea. He had earlier urged Justice Sharma to initiate contempt action against Kejriwal and the others for seeking her recusal.

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