AAP national convener and Delhi Chief Minister Arvind Kejriwal on Monday highlighted his “fear of bias” against Delhi HC judge Swarana Kanta Sharma who heard the CBI’s plea against his discharge by a trial court. The Supreme Court reserved judgment on the disqualification petitions filed by Kejriwal, Manish Sisodia and four others.
Kejriwal, who personally defended his request to disqualify Justice Sharma from the case, said the court had declared him and others “almost corrupt” in previous decisions.
He gave multiple reasons for his confession, claiming that the release order issued by the lower court on February 27 came after three months of daily hearings and examination of 40,000 pages of evidence.
In contrast, the SC issued a “blanket order” on March 9 after hearing the CBI for just five minutes, he said. He claimed that his side and the side of others were not listened to.
Kejriwal also cited his “fear of ideological bias.”
Solicitor General Tushar Mehta, who appeared for the prosecution, said allowing such requests would set a dangerous precedent.
HC order terming trial court order as ‘erroneous’
Kejriwal said the SC during the hearing on the tax policy issue on March 9 had passed an order stating that the lower court’s order was “prima facie…wrong”.
He said: “The order issued by the lower court after a full day of hearing, and after reading 40,000 pages of documents, was declared erroneous by this court after a hearing of only five minutes.”
Meanwhile, Secretary General Mehta said none of the applicants had indicated “reason to believe that the order passed by this body has been confirmed” by the Supreme Court. “This is a clear suppression of facts. This is a constitutional court,” Mehta said.
“Fear of bias”
Kejriwal said the case for recusal could be made on the basis of “fear of bias.” Quoting Ranjith Thakur v Union of India, the former Delhi chief minister said: “They have clearly said that the judge does not have to decide whether they are actually biased; rather, if there is an apprehension of bias in the mind of the party, there is a case for disqualification.”
Justice Sharma attended programs organized by Akhil Bharatiya Adhivakta Parishad four times, Kejriwal said. The Bar Association is affiliated with the RSS, the parent body of the Center and the ruling Bharatiya Janata Party in Delhi.
He said: “The ideology they follow is something we strongly oppose, and we oppose publicly. This issue is political.” He added: “If Your Honor attends programs with a certain ideology, fear arises in my mind.”
When the judge intervened to ask:[Do] Do you think I follow this ideology? Kejriwal immediately asked: “Do you?” The judge said she just wanted to record his arguments properly.
SG Mehta said that the Adhivakta Parishad is a bar association. He added: “If it is a bar association, the question is, if any honorable judge is invited by the bar association to speak on the subject of the law, will the judge have the right to refuse?” Bar and seat.
The court reaches rulings
The former Delhi chief minister also said that five cases have come before Justice Sharma’s court, including one related to his arrest. “The bail applications of Sanjay Singh, Kavitha and Aman Dhal were also heard. The observations made by this court in these matters amount to judgement,” Kejriwal said, according to Bar and Bench.
He said that the court was not obligated to issue a final ruling on the reasons, adding that it appeared that the court had issued a “final ruling on many of those points in just two sessions.”
Kejriwal further said that he was “almost declared corrupt”. However, Solicitor General Mehta said the law required Justice Sharma to delve into it.
The court deals with criminal review applications
Kejriwal also highlighted the way the court dealt with criminal review applications.
He said: “At the speed at which this case is moving, and other cases as well, there is no other case that is moving at this pace. Both cases involve prominent opposition political parties.”
He further stated that “every plea” made by the CBI and the CEO had been “approved” by the court. “Whenever they argue, it is accepted and orders are issued in their favour,” Kejriwal said.
