The Delhi High Court will pronounce judgment at 4:30 pm today on former Delhi Chief Minister Arvind Kejriwal and others seeking disqualification of Justice Swarana Kanta Sharma in the liquor policy case.
Justice Sharma said that though the sentencing was scheduled to be delivered at 2:30 pm, she had “made every effort” by accepting Kejriwal’s response as a written application in the matter, PTI reported.
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Aam Aadmi Party (AAP) coordinator Arvind Kejriwal appeared before the judge virtually via video conference as he urged her to record his response to the written submissions made by the CBI.
“Arvind Kejriwal has submitted his response to the Central Bureau of Investigation (CBI) affidavit but it has not been formally accepted. Kejriwal will ask for his response to be recorded on record. Why are our responses not recorded again and again,” AAP said in a statement.
Summary of the case
Kejriwal, AAP’s Manish Sisodia and 21 others were released by the trial court on February 27 in the tax policy case. The court said that the materials submitted by the CBI did not reveal a prima facie case, prompting the agency to challenge the order in the Supreme Court.
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Later on March 9, Justice Sharma stayed the trial court’s order taking administrative action against a CBI officer, terming the statements as prima facie false, and adjourned the ED proceedings.
Kejriwal moved to transfer the case on March 11, but it was dismissed on March 13, after which Kejriwal, Sisodia and four others sought Justice Sharma’s recusal. The court reserved its order last week, and Kejriwal filed an additional affidavit the next day, which was recorded on Thursday.
The CBI on Thursday opposed Kejriwal’s petition seeking disqualification of Justice Sharma, with the probe agency arguing that accepting his claim would set a precedent that could disqualify judges across the country from hearing cases involving governments or political figures.
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Such a situation could also result in legal staff who assign lawyers cases being denied appearance before these judges, the agency said in its written submissions.
Kejriwal’s allegations against Justice Sharma
When Kejriwal sought Justice Sharma’s disqualification, he claimed that the judge’s children had been posted at the center and were allotted cases by Solicitor General Tushar Mehta, who is contesting the appeal on behalf of the agency.
Kejriwal stated that her son has been appointed as Group ‘A’ counsel representing the Center before the Supreme Court, while her daughter has been appointed as Group ‘C’ counsel representing the Center before the Supreme Court and is also acting as an advocate for the Center before the Delhi High Court.
The CBI in its written report also added that Justice Sharma’s son and daughter did not deal or assist in any matter relating to the tax case at any stage, nor were they involved in it in any capacity. Both are independent practitioners and are not associated with any of the senior advocates, the agency said.
