Allegations Against Judge Could Undermine Judiciary, Legal Experts Warn Against Kejriwal

A group of senior advocates, academicians, former police officials, and members of the Bar has written to the Chief Justice of India (CJI), seeking action against former Delhi Chief Minister Arvind Kejriwal over allegations made against a sitting Delhi High Court judge. The representation urges the CJI to initiate suo motu proceedings to uphold the dignity and integrity of the judiciary.

The appeal, addressed to CJI Surya Kant, comes in the context of Kejriwal’s plea before the Supreme Court challenging the Delhi High Court administration’s refusal to transfer the Central Bureau of Investigation (CBI) revision petition in the Delhi excise policy case from the bench of Justice Swarana Kanta Sharma. The signatories described Kejriwal’s allegations against a sitting judge as “unprecedented” and a serious threat to judicial propriety and institutional integrity.

“It is a settled principle that a litigant cannot choose the Bench or the Judge before whom their case is to be heard,” the representation stated, adding that attributing bias or motives to a judge without substantiated evidence undermines the foundations of judicial ethics and discipline. The group warned that allowing such conduct to go unchecked could set a dangerous precedent, eroding public confidence in the justice system.

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The signatories also called for initiation of suo motu contempt proceedings, noting that baseless allegations against judges interfere with judicial administration and constitute criminal contempt under the Contempt of Courts Act, 1971. They emphasized that the independence of the judiciary is “the bedrock of the Constitution and the rule of law” and stressed that public perception of impartiality is crucial to maintaining trust in judicial processes.

Among those who signed the representation are senior advocate Pinky Anand, former Jharkhand Director General of Police Nirmal Kaur, Gujarat University Vice Chancellor Neerja Gupta, former Nalanda University Vice Chancellor Sunaina Singh, and former Delhi High Court Bar Association president Kirti Uppal, among others. They urged the CJI, as the “custodian and guardian of the judicial system,” to consider appropriate action in accordance with law.

The development follows Kejriwal’s approach to the Supreme Court after the Delhi High Court declined his request to transfer the hearing of the CBI plea in the excise policy case. Kejriwal had argued that the refusal raised a “grave, bona fide and reasonable apprehension” regarding impartiality. The case relates to the 2021–22 Delhi Excise Policy, in which all 23 accused, including Kejriwal and former Deputy Chief Minister Manish Sisodia, were previously discharged by the Rouse Avenue Court.

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