'A First In My Life': Justice Swarana Kanta Sharma On Arvind Kejriwal's Recusal Plea In Excise Case

Arvind Kejriwal, former Delhi Chief Minister and the national convenor of the Aam Aadmi Party, represented himself in court for Justice Swarana Kanta Sharma's recusal from the CBI’s appeal relating to Delhi’s excise policy. 

As proceedings concluded, Justice Sharma remarked that he had argued well and even suggested he had the potential to become a lawyer. The AAP leader responded by saying he had already found his “calling” and is happy with it.

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Justice Sharma stated that this was the first time a party had asked her to set aside a case when reserving the order. She believes that the recusal cases have provided her with more knowledge of recusal law and that she can issue a fair ruling based on her knowledge.

“I learnt a lot about recusal jurisprudence. For the first time in my life, someone has asked me to recuse. I learnt a lot. I hope I will give a good judgment,”  LiveLaw quoted Justice Sharma.

During the hearing, Kejriwal raised concerns about possible bias, pointing out that Justice Sharma frequently hears cases involving agencies like the CBI and the Enforcement Directorate. He claimed that earlier observations in the matter had almost portrayed him as guilty, leaving only sentencing.

"I was almost declared guilty. I was almost declared corrupt. Only the sentence was left to be pronounced," Kejriwal told the court.

He argued that his request for recusal was based on a “reasonable apprehension” of not receiving a fair hearing. Citing legal precedent, he said prior strong remarks by a judge could create such apprehension.

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"Here exists in my mind a real, grave and reasonable apprehension that this petition will not get a fair hearing. I am showing 10 grounds (of apprehension). In the Kanak Lata case, the Supreme Court held that earlier strong observations may create reasonable apprehension," said Kejriwal.

Kejriwal also referenced past hearings where he, Manish Sisodia, and K Kavitha were unable to receive relief (bail) and even argued that a judge who was part of these hearings, Justice Sharma, had attended events put on by "Akhil Bharatiya Adhivakta Parishad", which he states is affiliated with RSS from an ideological viewpoint.