The Delhi High Court on Monday heard Arvind Kejriwal’s plea seeking the recusal of Justice Swarna Kanta Sharma from hearing the CBI’s challenge to the discharge order in the liquor policy case.
After hearing arguments from all sides, the court reserved its order. Appearing in person, Arvind Kejriwal said earlier rulings in the case had left him with concerns about fairness in the proceedings.
He argued that the issue was not about the judge’s integrity but about perception. Justice Sharma heard submissions from the CBI, the accused, and senior law officers before reserving her order.
Solicitor General Tushar Mehta, appearing for the CBI, opposed the plea and sought dismissal with costs. He also asked the court to consider contempt action against the applicants.
“These are apprehensions of an "immature mind",” he said, warning that allowing recusal at this stage would set a wrong precedent.
Arvind Kejriwal told the court that earlier observations in the case created a sense that conclusions had already been drawn.
“I was almost declared guilty. I was almost declared corrupt. Kewal saza sunani baaki reh gayi thi (Only the sentence was left to be pronounced),” he said.
He referred to the February 27 trial court order that discharged all accused, including former deputy chief minister Manish Sisodia and others. The trial court had said the CBI case could not stand scrutiny.
The CBI challenged that order within hours before the high court.
On March 9, Justice Sharma issued notice on the CBI’s plea and stayed certain directions of the trial court, including a recommendation to initiate action against the investigating officer. That order was cited during Monday’s hearing.
Arvind Kejriwal said the early stage of intervention raised concern for him. “I was shocked. I had some apprehension about whether the court was biased and whether I would get justice. What was the urgency for this? What was the need for this?” he said.
He also objected to the court’s stay on related proceedings and said parts of the order went beyond the CBI’s request. He argued that the Enforcement Directorate issue had no link to the petition being heard.
On the question of judicial neutrality, he referred to earlier bail and arrest orders in connected matters and said those observations added to his apprehension.
He also raised the issue of the judge’s participation in legal events organised by the Akhil Bharatiya Adhivakta Parishad. When asked whether any political statement had been made, he maintained that participation itself created concern from his side.
The CBI opposed the recusal plea, saying it had no basis in law and would affect court procedure if accepted. It said such requests should not be used to question judicial conduct without clear grounds.
Senior lawyers representing other accused, including Manish Sisodia, Vijay Nair and K. Kavitha, also supported the recusal request.
At the end of the hearing, Justice Sharma told Arvind Kejriwal, “You argued well. Aap vakeel ban sakte hai,” to which he replied that he was happy with his present role. The court has reserved its order on the recusal application.