Delhi High Court Issues Judgment on Kejriwal Recusal Plea; Bias Allegations Tested

The Delhi High Court is set to pronounce its judgement on Monday in a crucial plea filed by Arvind Kejriwal seeking the recusal of Justice Swarana Kanta Sharma from hearing a related case. The matter pertains to a revision petition filed by the Central Bureau of Investigation (CBI) challenging a discharge order in the Delhi excise policy case. The ruling is expected to determine whether the judge will continue to preside over the proceedings or step aside, a decision that could significantly impact the course of the case.

Kejriwal and other accused had moved the recusal plea, arguing that there exists a reasonable apprehension of bias. The concern was based on claims that the judge’s family members are empanelled as central government counsel and have received work assignments from Solicitor General Tushar Mehta, who is representing the CBI in the case. On these grounds, the petitioners contended that the circumstances could affect the perception of impartiality, even if no direct conflict of interest is established.

Last week, Justice Sharma had reserved the order after hearing arguments from both sides. The court is now expected to deliver its decision after reviewing submissions, including an additional affidavit filed by Kejriwal addressing the CBI’s objections. The former Delhi Chief Minister is also likely to appear in person during the hearing to request that his rejoinder submissions be formally taken on record, adding another layer of significance to the proceedings.

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The outcome of the recusal plea holds importance not only for the ongoing excise policy case but also for broader questions surrounding judicial transparency and fairness. The High Court’s ruling will set the tone for how such concerns are addressed in high-profile cases, particularly when issues of perceived bias and institutional integrity come into play in India’s legal system.

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