After the Supreme Court referred Delhi’s tax policy case to the Chief Justice for transfer to another bench, Justice Swarana Kanta Sharma initiated criminal contempt proceedings against Kejriwal and other Aam Aadmi Party leaders, accusing them of organizing a smear campaign on social media against her order, former Delhi Chief Minister Arvind Kejriwal said on Thursday.
“Truth has triumphed. Gandhi’s Satyagraha has triumphed once again,” Kejriwal wrote on X.
Justice Sharma made several strong observations during the proceedings, saying that the judiciary cannot be intimidated through organized campaigns on social media.
It said it would not hear the CBI’s appeal against the lower court’s order discharging AAP coordinator Kejriwal and others in the tax policy case, after the contempt proceedings were initiated. It noted that the law did not permit a judge who had initiated contempt proceedings in relation to a matter to continue hearing that same matter.
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“I refuse to be intimidated,” Justice Sharma said, adding that even her children were exposed to the scandal and that the court would not give in to such defamation.
Arvind Kejriwal had earlier sought Justice Sharma’s disqualification from hearing the tax policy case, citing conflict of interest. But Judge Sharma refused to accept his confession.
Justice Sharma clarified that the court did not retract its earlier order rejecting Kejriwal’s petition seeking her recusal from the matter. However, since contempt proceedings have now commenced in relation to the allegations against the court and the judge personally, judicial propriety requires that the key consumption tax policy question be heard by another body.
“The issue of restitution is over,” the court noted, adding that the current controversy concerned subsequent acts that allegedly amounted to criminal contempt.
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Justice Sharma also said that Kejriwal sent a message at 10:00 am after the refusal, stating to boycott the hearing. After that, several members, spokespersons and office bearers also started distributing the message and video.
“The tone, tenor and style were not the subject of fair criticism,” she said. “They (the speakers) ran a campaign, and the social media campaigns questioned the integrity and impartiality of this court.”
The judge also said that Kejriwal had tried to “diminish the authority of this court,” asking “who gave the authority to Kejriwal to suspect that this court would not be able to decide their cases,” she said.
