Former Delhi Chief Minister Arvind Kejriwal is likely to appear in person before the Delhi High Court on Monday and make submissions in a crucial hearing linked to the alleged excise policy case. Kejriwal, along with other accused in the alleged liquor scam, have sought recusal of the presiding judge.
The development comes as the High Court is set to hear a plea by the Central Bureau of Investigation (CBI) challenging a trial court order that discharged Kejriwal, Manish Sisodia, and others in the case.
According to the Aam Aadmi Party (AAP) legal team, Kejriwal may personally address the court during the proceedings scheduled for April 6.
Recusal Plea Filed Ahead Of Hearing
Ahead of the hearing, Kejriwal along with other co-accused moved an application before the High Court seeking the recusal of Justice Swarn Kanta Sharma.
Recusal refers to a judge stepping aside from a case due to a potential conflict of interest, bias, or even an apprehension regarding impartiality.
CBI Challenges Discharge Order
On the previous date of hearing, the High Court granted time to the respondents to file their replies to the CBI’s petition. The matter was heard by Justice Swarna Kanta Sharma, who noted that a Special Leave Petition (SLP) and a writ petition related to the case are already pending before the Supreme Court.
Appearing for the CBI, Solicitor General Tushar Mehta said all respondents had been duly served and argued that the case did not require detailed replies. He maintained that the High Court only needed to examine the trial court record and the discharge order.
Describing the discharge as an “exception order,” Mehta argued that it should not remain in operation for longer than necessary.
Defence Seeks More Time
Senior Advocate N. Hariharan, appearing for Kejriwal, sought additional time, noting that the impugned order runs into nearly 500 pages and requires careful consideration.
He also informed the court that an SLP has already been filed before the Supreme Court, which may impact the proceedings.
Opposing the request, Mehta said delays were causing “prejudice to the system and prejudice to the litigant.”
The High Court, after hearing both sides, allowed time for filing replies and listed the matter for further hearing on April 6.
Move To Shift Case To Supreme Court
Separately, Kejriwal, Sisodia and other accused have approached the Supreme Court of India seeking transfer of the case from Justice Sharma’s Bench.
The petitions, filed under Article 32 of the Constitution, cite concerns over certain observations allegedly made by the judge during earlier hearings, particularly while dealing with bail applications. The petitioners argue that these remarks create a reasonable apprehension regarding fairness.
They have also pointed to the High Court’s interim decision to stay trial court proceedings while hearing the CBI’s appeal as a factor supporting their request.
Chief Justice Declines Administrative Request
The development follows a decision by Delhi High Court Chief Justice Devendra Kumar Upadhyaya, who declined an administrative request by Kejriwal seeking transfer of the case.
The Chief Justice stated that the matter had been assigned as per the roster and clarified that any decision on recusal must be taken by the concerned judge.
The Delhi excise policy case pertains to alleged irregularities in the now-scrapped Excise Policy 2021–22. The case is being investigated by the CBI and the Enforcement Directorate, with several AAP leaders, including Kejriwal and Sisodia, named as accused.
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