Former Delhi Chief Minister and Aam Aadmi Party (AAP) national convenor Arvind Kejriwal has refused to appear before the Delhi High Court in person or through a lawyer for the hearing of the Delhi excise policy case, expressing deep distrust in Justice Swarana Kanta, escalating his standoff with the judiciary.
In a letter addressed to Justice Kanta, Kejriwal said that he had lost faith in the particular judge’s ability to deliver justice and would instead follow a path of protest inspired by Mahatma Gandhi.
“I have lost hope of getting justice from Justice Swarana Kanta ji. That is why I have decided to follow Mahatma Gandhi’s path of satyagraha," Kejriwal stated in the letter.
“I have taken this decision by heeding the voice of my conscience," while also keeping legal options open, saying, “I reserve the right to approach the Supreme Court to appeal against her verdict."
The former Chief Minister’s decision came days after the High Court rejected his petition seeking the recusal of Justice Kanta from hearing the Delhi excise policy case.
In a strongly worded order, the High Court underlined the principle of judicial independence and rejected claims that the proceedings would not be impartial.
“My oath is to the Constitution. My oath has taught me that justice does not bend under pressure. Justice does not yield to any pressure. I will decide and adjudicate fearlessly without any bias. I will not recuse from this case," Justice Sharma said while delivering her ruling.
In his petition, Kejriwal alleged that there was a “grave, bona fide, and reasonable apprehension" that the hearing in the matter before Justice Sharma would not be impartial and neutral.
Kejriwal claimed that Justice Sharma’s past conduct and her handling of several related excise policy matters suggested a “predisposition". He noted that on the first day of the CBI’s appeal, she recorded a prima facie view that the trial court’s order (which discharged the accused) was “erroneous" without hearing the defence. AAP leaders pointed out that the Supreme Court has previously set aside several orders passed by Justice Sharma in the same excise-related investigation, according to reports.
On April 13, Kejriwal stated that Justice Sharma had attended Adhivakta Parishad event linked to BJP, RSS, four times whereas the CBI, represented by Solicitor General Tushar Mehta, defended the judge’s participation, submitting even sitting Supreme Court and other High Court judges had attended the event organised by the “bar association".
Even as Kejriwal asserted that the registry’s refusal to take his rejoinder on record was “miscarriage of justice", Justice Sharma remarked that since he was not being represented by a lawyer, the court went “out of its way" for him when it allowed him to file his additional affidavit last week, even after the order on the recusal issue was reserved.
She stayed the trial court’s recommendation for a departmental inquiry against the CBI’s investigating officer, which Kejriwal argued was “wide and consequential relief" granted prematurely.
Justice Swarana Kanta Sharma is a permanent judge of the Delhi High Court, elevated to the position on March 28, 2022. Before her elevation, she served as a Magistrate starting at age 24 and later became the Principal District and Sessions Judge-cum-Special Judge (CBI) at the Rouse Avenue Court in March 2022.
Justice Swarana Kanta Sharma holds an LL.B. (1991), an LL.M. (2004), and a Ph.D. (2025) in judicial education, with experience presiding over civil, criminal, and special courts (including Mahila courts).
Source: News18