New Delhi [India], April 6 : In a key development during today's hearing, the Delhi High Court issued notice to the CBI on Arvind Kejriwal and others' plea seeking recusal of Justice Swarana Kanta Sharma from hearing the excise policy case. Kejriwal, appearing in court, stated that he will argue the recusal application himself.
Recording his presence, the Court noted that Respondent No. 18 (Kejriwal) appeared in person and took his recusal application on record, directing the Registry to place it digitally as well. The Bench further directed the CBI to file its reply by tomorrow and observed that any other party wishing to move a recusal application may do so.
During the proceedings, Solicitor General Tushar Mehta, appearing for the CBI, termed the recusal plea as "frivolous" and based on vexatious allegations.
He argued that some individuals make a career out of levelling serious allegations against institutions and stressed that such allegations must be countered. Mehta also submitted that if Kejriwal wishes to argue in person, he must first discharge his counsel, adding that the courtroom is "not a forum for theatrics."
Kejriwal, however, informed the Court that he had filed the recusal application in accordance with High Court procedure and requested that it be taken on record, pointing out that a litigant appearing in person cannot e-file the application.
Earlier, Mehta suggested that if other parties intend to file similar pleas, they may be granted a week, and all such applications should be heard together. He also emphasised that pleadings must be completed before the Court considers the recusal issue.
The High Court was hearing an appeal filed by the CBI challenging the trial court's order discharging Kejriwal, Manish Sisodia, and others in the Delhi excise policy case.
Ahead of the hearing, Kejriwal and other accused had moved an application seeking recusal of Justice Sharma, citing apprehensions regarding fairness based on certain observations made during earlier proceedings.
On the earlier date, the High Court had granted time to the respondents to file replies and noted that related proceedings, including an SLP, are pending before the Supreme Court.
The controversy also reached the administrative side, where the Chief Justice of the Delhi High Court declined a request for transfer of the case, stating that roster allocation had been followed and that any recusal decision must be taken by the concerned judge.
The excise policy case relates to alleged irregularities in the now-scrapped Delhi Excise Policy 2021-22, which is under investigation by the CBI and the Enforcement Directorate. Several AAP leaders, including Kejriwal and Sisodia, have been named as accused.
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