Aam Aadmi Party chief and former Delhi chief minister Arvind Kejriwal, along with others accused in the excise policy case, has filed a recusal application before Justice Swarn Kanta Sharma in the Delhi High Court, the party said in a statement on Sunday. The statement also noted that Kejriwal is set to argue the matter himself on Monday.
The development follows the Delhi High Court’s March 16 order granting Kejriwal and the other accused additional time to respond to the Central Bureau of Investigation’s plea challenging their discharge in the case. The matter was scheduled for hearing on April 6.
Reacting to the recusal plea, the Bharatiya Janata Party criticised the move, calling it a sign of disregard for the judiciary. Delhi BJP spokesperson Praveen Shankar Kapoor said the step reflects frustration after Kejriwal’s earlier request to transfer the case to another bench was rejected, and questioned whether such actions demonstrate respect for the judicial process.
Earlier, on March 11, Kejriwal and the other accused had written to Delhi High Court Chief Justice DK Upadhyaya seeking transfer of the case from Justice Sharma’s bench. They argued that they had a serious and reasonable apprehension that the proceedings would not be impartial. Their concern stemmed from the March 9 hearing, where the court issued notice and observed that the trial court’s order discharging the accused appeared prima facie erroneous, despite not hearing them.
The request for transfer was declined on March 13 through a communication issued by the high court’s registrar general, Arun Bhardwaj.
The case traces back to February 27, when a trial court discharged Kejriwal, Manish Sisodia and 21 others, stating that the CBI’s material did not disclose even a prima facie case. In a detailed 601 page order, Special Judge Jitendra Singh also directed a departmental inquiry against the investigating officer, observing that charges were framed without sufficient evidence and that the officer had misused his position.
Challenging this decision, the CBI approached the Delhi High Court, arguing that the trial court had overlooked key evidence, including documents, witness statements, emails and WhatsApp chats, and that its findings were fundamentally flawed.
During the March 9 hearing, Justice Sharma issued notice on the CBI’s appeal and stayed the trial court’s order until March 16. She also remarked that the trial court’s observations appeared prima facie erroneous and questioned the basis of its directions against the investigating officer at the stage of framing charges.
Additionally, the high court asked the trial court to defer proceedings in the Enforcement Directorate’s related money laundering case until the outcome of the CBI’s appeal is decided.
