The Delhi High Court on Monday issued notice to the Central Bureau of Investigation on a petition by Aam Aadmi Party chief Arvind Kejriwal seeking the recusal of Justice Swarana Kanta Sharma from hearing the agency’s challenge to his discharge in the liquor policy case, Live Law reported.
The plea was mentioned as Sharma was hearing the CBI’s petition against a trial court order of February 27 discharging the former Delhi chief minister, former deputy chief minister Manish Sisodia and 21 others.
During the hearing, Kejriwal, accompanied by his wife, told the court that he intended to argue the recusal application himself, The Times of India reported.
Sharma noted that a petitioner could do so only after discharging their counsel.
Solicitor General Tushar Mehta, appearing for the CBI, said he had received seven applications seeking the judge’s recusal and called the matter “very serious”, Live Law reported.
“Some people in this country make career out of making serious allegations,” the legal news portal quoted Mehta as saying. “There are allegations against the institution and we will support the institution.”
Mehta also said that there was no objection to Kejriwal appearing in person, but added that if he chose to do so, his counsel could not continue to represent him.
The High Court then asked Kejriwal if he was going to argue his application himself, to which the Aam Aadmi Party chief responded that he would.
Issuing notice, Sharma permitted Kejriwal to appear in person and listed the matter for April 13.
The case
The CBI had alleged irregularities in the Delhi government’s liquor excise policy, which has since been scrapped. Based on the CBI case, the Enforcement Directorate also launched an investigation into allegations of money-laundering.
The policy came into effect in November 2021. It was withdrawn in July 2022 with Vinai Kumar Saxena, the Delhi lieutenant governor at the time, recommending an investigation into the alleged irregularities of the policy.
The two central agencies alleged that the Aam Aadmi Party government at the time modified the liquor policy by increasing the commission for wholesalers from 5% to 12%. This allegedly facilitated the receipt of bribes from wholesalers who had a substantial market share and turnover.
On February 27, the trial court discharged Kejriwal and 22 others accused by the CBI in the case. There was no overarching conspiracy or criminal intent in the excise policy, the Rouse Avenue Courts had ruled.
The trial court also criticised the central agency for implicating Kejriwal without any cogent material.
It said that the chargesheet had several gaps not supported by any witnesses or statements.
However, the High Court on March 9 stayed the adverse observations made by the trial court about the Central Bureau of Investigation. The matter was heard by Sharma, who prima facie observed that the trial court’s findings were erroneous.
Later, Kejriwal wrote to the chief justice of the High Court seeking the transfer of the case from Sharma to another judge, but the request was declined, Live Law reported. He said no specific reasons had been recorded for commenting against the trial court’s order.
Kejriwal also noted that the judge had earlier denied bail to several accused persons in the liquor policy case who were subsequently granted relief by the Supreme Court.
The Aam Aadmi Party chief sought the transfer on the ground of a “grave, bona fide, and reasonable apprehension that the matter may not receive a hearing marked by impartiality and neutrality”, Live Law reported.
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