New Delhi [India], March 15 : Delhi High Court Chief Justice Devendra Kumar Upadhyaya has declined a request made by former Delhi Chief Minister Arvind Kejriwal seeking transfer of his petition related to the excise policy case from the Bench of Justice Swarana Kanta Sharma to another judge.
In a communication on the administrative side, the Chief Justice said that the matter has already been assigned to the concerned judge as per the existing roster, and there is no ground to order a transfer.
"The petition is assigned to the Hon'ble judge as per the current roster. Any call of recusal has to be taken by the Hon'ble judge. I, however, do not find any reason to transfer the petition by passing an order on the administrative side," Chief Justice Devendra Kumar Upadhyaya stated.
The development was confirmed by the legal team representing the Aam Aadmi Party (AAP), which said it received the communication from the Delhi High Court administration regarding the Chief Justice's decision.
Kejriwal had moved a representation before the Chief Justice seeking transfer of his petition arising out of the Delhi excise policy case from Justice Swarana Kanta Sharma to another Bench. The request was made on the administrative side, urging the Chief Justice to reassign the matter.
However, the Chief Justice declined to intervene, reiterating that the case has been listed before Justice Sharma in accordance with the High Court's roster system. He also clarified that if any issue of recusal arises, the decision rests solely with the judge hearing the matter.
The case concerns allegations that the now-withdrawn excise policy was framed to extend undue benefits to certain private licensees, resulting in alleged kickbacks and financial loss to the Delhi government. Among those discharged by the trial court are former Delhi CM Kejriwal and former Deputy CM Sisodia.
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