Delhi High Court Judge Withdraws From PIL On Alleged Court Recording By AAP Leaders

A judge of the Delhi High Court on Wednesday recused himself from hearing a Public Interest Litigation (PIL) seeking action against leaders of the Aam Aadmi Party (AAP) and others over the alleged recording and circulation of court proceedings related to a high-profile excise policy case involving Arvind Kejriwal. Justice Tejas Karia withdrew from the matter, prompting a Bench led by Chief Justice Devendra Kumar Upadhyaya to direct that the case be listed before a different Bench on Thursday. “List tomorrow before another Bench of which one of us (J Karia) is not a member,” the Chief Justice ordered, ensuring that the proceedings continue without delay.

The PIL, filed by advocate Vaibhav Singh, alleges that audio and video recordings of court proceedings held on April 13 before Justice Swarana Kanta Sharma were deliberately captured and widely circulated on social media. The petition claims that these recordings were disseminated with the intent to malign the judiciary and mislead the public regarding the nature of the proceedings.

According to the plea, Kejriwal, who appeared in person after being granted permission, argued his recusal application for nearly an hour. The petitioner contends that the subsequent viral spread of clips from the hearing points to a coordinated effort involving political leaders, particularly from AAP, to shape public perception and cast aspersions on the court.

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The petition also names several political figures, including Digvijaya Singh, and AAP leaders such as Saurabh Bharadwaj, Manish Sisodia, and Sanjay Singh, alleging that they amplified the recordings with misleading commentary. It further argues that such actions violate the High Court’s video conferencing and electronic evidence rules, which prohibit unauthorized recording or publication of proceedings without explicit judicial permission.

The development comes amid ongoing litigation in the Delhi High Court concerning a criminal revision petition filed by the Central Bureau of Investigation (CBI). The agency has challenged a trial court order that discharged 23 accused, including Kejriwal and Sisodia, in a corruption case linked to the now-scrapped Delhi excise policy. Earlier, Justice Sharma had rejected Kejriwal’s plea seeking her recusal, stating that allegations of bias were based on mere apprehension and warning that recusal cannot be used as a tool for forum shopping.

The controversy has also drawn broader concern within legal circles. A group of senior advocates and other professionals recently wrote to Surya Kant, urging action over remarks made against a sitting judge. The representation emphasized that allowing unsubstantiated allegations against judges could undermine public trust in the judicial system, reiterating the principle that litigants cannot choose which judge hears their case.

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