Delhi High Court on Monday rejected a plea by former Delhi chief minister Arvind Kejriwal and others seeking the recusal of Justice Swarana Kanta Sharma in the liquor policy case.
“A litigant cannot be allowed to judge a judge without any material and judges cannot recuse themselves to satisfy a litigant's unfounded apprehension of bias,” Justice Sharma said while pronouncing her order.
Holding that the narrative in the pleas for her recusal was based on conjectures and perceived inclinations, Justice Sharma said: “This court will stand up for itself and the institution. I will not recuse. I will hear this case.”
Kejriwal had raised objections against the judge hearing the CBI’s plea against his discharge in the liquor policy case, pointing out that she had earlier denied him relief on his petition challenging his arrest and refused to grant relief on the bail pleas of other accused.
Kejriwal had claimed that Justice Sharma’s children were empanelled central government lawyers and that she had attended an event organised by the RSS’s legal wing. He had also flagged Union home minister Amit Shah’s statement that he would not get any relief from the high court.
Justice Sharma said it should not be presumed that she would be biased merely because her children were government lawyers, as “their empanelment... has no connection with the liquor policy case”.
She added that a political leader could not be allowed to damage an institution without any basis, as a personal attack on a judge was an attack on the judiciary itself.
Justice Sharma said attending legal events did not imply ideological sympathy or prejudice. On Shah’s statement, she said the court had no control over remarks made by politicians in the public domain.
Her order also mentioned that “the recusal file did not come with any evidence but contained aspersions, insinuations and doubts cast on her integrity and impartiality”.





