Justice Swarana Kanta Sharma Recuses From Delhi Excise Policy Case After Contempt Proceedings Against Arvind Kejriwal
The Delhi High Court on Thursday (May 14) witnessed significant developments in the Delhi excise policy litigation after Justice Swarana Kanta Sharma recused herself from hearing the matter involving senior leaders of the Aam Aadmi Party (AAP). The judge clarified that her decision came after initiating criminal contempt proceedings against former Delhi Chief Minister Arvind Kejriwal and other AAP leaders over statements and social media posts allegedly targeting the court and the judge personally.
The matter relates to the alleged irregularities in Delhi’s 2021-22 excise policy, which is under investigation by the Central Bureau of Investigation and the Enforcement Directorate. The proceedings before Justice Sharma concerned the CBI’s challenge to the discharge of certain accused persons in the liquor policy case.
During the hearing, Justice Sharma stated that judicial discipline required her to step aside after initiating contempt proceedings. The Court observed:
“Because, under the law, a judge who draws contempt proceedings cannot hear the main case… The recusal stands as it is, but I will send this case to another court. I will list this matter before the Chief Justice so that case can be heard by another judge.”
The judge further clarified that the recusal should not be interpreted as acceptance of the allegations raised by the AAP leaders. Reaffirming her earlier decision rejecting the recusal pleas, Justice Sharma remarked:
“I stand by my recusal order. I wont change a single word…I have stood up for this institution and for myself”.
Explaining the rationale behind transferring the matter, the Court also observed:
“If I continue to hear the case after the contempt proceedings, these parties can say I have a personal grudge against them.”
Justice Sharma had initiated criminal contempt proceedings against Arvind Kejriwal, Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra and Saurabh Bharadwaj. The contempt proceedings stem from remarks and online posts allegedly questioning the impartiality of the judge.
Kejriwal had alleged a conflict of interest on the ground that Justice Sharma’s children were panel counsels for the Central government. The judge noted that the allegations were not confined to the courtroom and that her family had also been targeted on social media.
In a strong observation, Justice Sharma stated:
“Arvind Kejriwal sought to destroy my reputation instead of availing legal remedies after I refused to recuse and a deliberate attempt to lower the court’s authority can’t be permitted in the guise of free speech.”
Appearing in the matter, Solicitor General Tushar Mehta defended the institutional integrity of the judiciary and criticised attempts to create pressure against judges. He submitted:
“I have never accepted any brief in such court. Because counsel appearing is someone who is practicing with me. So I refuse to take the brief. Your children are not working in my office. We cant have a narrative building exercise…Message is being sent to every judge that we will stigmatise you. This institution is strong enough. We cant lose our civility.”
The Solicitor General also suggested framing guidelines or a standard operating procedure for dealing with such situations, stating:
“There have to be some guidelines.”
Although Mehta urged Justice Sharma to continue hearing the matter, the Court maintained that judicial discipline required transfer of the case to another bench. Mehta thereafter remarked that wherever the matter goes, the discharge order may not sustain.
Following the proceedings, Arvind Kejriwal reacted on social media and posted:
“Satya ki jeet hui hai, Gandhiji ke Satyagraha ki phir ek baar jeer hui hai (Truth has triumphed. Gandhi ji’s Satyagraha has triumphed once again).”
The matter will now be placed before the Chief Justice of the Delhi High Court for assignment to another bench.
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