The Delhi High Court on Monday reserved its ruling on former Chief Minister Arvind Kejriwal’s plea to disqualify Justice Swarana Kanta Sharma from hearing the CBI’s appeal in the Delhi excise policy case.
The AAP convener discussed the application and personally submitted it to the court.
As the hearing came to a close, Judge Sharma told Kejriwal that he had “defended well” and had the potential to become a lawyer. The AAP leader responded by saying that he has indeed found his “calling” and is happy with it.
While reserving the judgement, the Delhi HC judge added that this is the first time she has been asked to recuse herself from a case.
“I have learned a lot about the jurisprudence of restitution. For the first time in my life someone has asked me to step aside. I have learned a lot. I hope I will give a good ruling,” Justice Sharma said as quoted by Haaretz. LiveLaw.
Kejriwal raises concerns of bias
While presenting his case, Arvind Kejriwal raised objections against Justice Sharma, who Kejriwal pointed out is usually the one who hears appeals filed by the CBI and the Enforcement Directorate.
Read also | Who is Delhi HC Judge Swarana Kanta Sharma who Arvind Kejriwal wants from his case?
Kejriwal told the court: “I was almost declared guilty. I was almost declared corrupt. All that was left was the verdict to be pronounced.”
Kejriwal further added that his request to step down was based on a “reasonable fear of not getting a fair trial.”
“Here I have a real, serious and reasonable apprehension in my mind that this petition will not get a fair hearing. I am offering 10 reasons (for apprehension)… In the Kanak Lata case, the Supreme Court held that previous strong observations may create reasonable apprehensions,” Kejriwal said.
In the previous hearing during the charges against him, Manish Sisodia and BRS leader K Kavitha, Justice Sharma refused to reduce the sentence of the AP leader and also rejected his bail plea.
Kejriwal also stated his arguments for Justice Sharma’s disqualification, pointing out that the judge attended events organized by the Akhil Bharatiya Adhivakta Parishad (ABAP), which is said to be ideologically linked to the Rashtriya Swayamsevak Sangh (RSS).
