Delhi High Court Judge Swarna Kanta Sharma on Thursday initiated criminal contempt proceedings against Aam Aadmi Party leader Arvind Kejriwal, stating that he had “tried to dilute the authority of this court”. She questioned Kejriwal’s authority to question the court, adding that the matter was “not written in anger” but was a result of the actions of the offenders.
A Supreme Court judge initiated proceedings against Kejriwal, along with Manish Sisodia and former MLA Durgesh Pathak, alleging that they carried out a “defamation campaign” on social media.
Justice Sharma said she would not hear the CBI’s appeal against the lower court’s order removing former Delhi Chief Minister Kejriwal and others in the tax policy case, following the initiation of contempt proceedings. 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.
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.
Also read: Delhi HC judge starts holding contempt against Kejriwal, then walks away from tax case
Top quotes
“Kejriwal adopted the path of defamation.”
Justice Sharma said former Delhi Chief Minister Arvind Kejriwal adopted the path of “defamation and intimidation” after the judge refused to recuse herself from hearing the CBI’s appeal against the dismissal order.
She said Kejriwal wanted to “make fun of her” and added: “I refuse to be bullied.”
“unfair criticism”
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.”
‘Kejriwal reduced court’s authority’
The Supreme Court judge 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”.
Also Read: ‘Kejriwal’s Organized Smear Campaign’: Supreme Court Justice Swarana Sharma on Contempt Petition
Fact check video ‘easily ignored’
Talking about the edited videos on social media, Justice Sharma said that these clips were “selectively edited”.
There were videos linking her to attending and promoting RSS events and BJP events. She said the video was posted by Devesh Vishwarakma, which was reposted by Sanjay Singh and other party members, including Vinay Mishra.
While fact-checking posts declaring the videos had been edited were also posted, they were “easily ignored,” she said.
“It was not written out of anger.”
She said that it was not written out of anger or ill will but as a result of the actions of contemporaries. It added: “This court is satisfied that the offenders’ act constituted criminal contempt because it was designed to intimidate the independent exercise of judicial function.”
“I stand by the order to step down.”
Confirming her position on the disqualification order, Justice Sharma said: “I repeat that I support the disqualification order. I am not changing my word. I had to defend this institution, and I did that.”
She announced her retirement from the case and its transfer to another judicial body. “Under the law, the judge presiding over contempt proceedings cannot hear the main case. The recusal remains the same,” she said.
“A very lonely battle.”
She said that after this order is passed, people will continue to build narratives that the request to step down has now been granted. “For the target judge, it’s a very lonely battle. People don’t support you,” she said.
(With inputs from Hizb ut Tahrir correspondent)
