Kejriwal Demands Recusal, Cites Judge's Children's Government Empanelment as Conflict of Interest

Former Delhi Chief Minister Arvind Kejriwal has filed an additional affidavit before the Delhi High Court seeking the recusal of Justice Swarana Kanta Sharma from hearing a case related to the Central Bureau of Investigation’s (CBI) challenge against his discharge in the Delhi excise policy matter. The plea raises concerns over an alleged “reasonable apprehension of bias” based on professional associations linked to the judge’s family members.

In his affidavit dated April 14, Kejriwal submitted that the son and daughter of Justice Swarana Kanta Sharma are empanelled as counsel for the central government. He claimed that official records from the Department of Legal Affairs show that both individuals have been engaged in government legal work across various courts, including the Supreme Court of India and the Delhi High Court. According to the affidavit, this connection forms the basis of his request for recusal.

The affidavit further states that Justice Sharma’s son, Ishaan Sharma, is empanelled as a Group ‘A’ panel counsel for the central government and has also handled central government work before the Delhi High Court. It also mentions that her daughter, Shambhavi Sharma, is empanelled as a government pleader for the Delhi High Court and has served as a Group ‘C’ panel counsel for the Supreme Court of India, as per the records cited in the filing.

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Kejriwal argued that these empanelments create a perception of institutional proximity between the judge’s family members and the Union government, which is a party in the case. On this basis, he contended that there exists a reasonable apprehension of bias, and therefore Justice Sharma should not hear the CBI’s appeal challenging his earlier discharge in the liquor policy case.

The affidavit also referenced prior proceedings in which Solicitor General Tushar Mehta, who has appeared for the CBI in the matter, had allegedly interacted in contexts where work assignments connected to the judge’s family members were involved. Kejriwal suggested that these circumstances further strengthen concerns regarding impartiality in the adjudication of the case.

The matter is now expected to be considered by the Delhi High Court, where the bench will decide whether the recusal request merits acceptance. The CBI’s appeal and Kejriwal’s discharge in the liquor policy case remain under judicial scrutiny as the broader legal proceedings continue.

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