Unfounded allegations won’t decide benches: Delhi High Court rejects Kejriwal plea

NEW DELHI: The Delhi High Court has dismissed Arvind Kejriwal's plea for the recusal of Justice Swarana Kanta Sharma from the excise policy case, ruling that the allegations of bias were unsubstantiated. The Court emphasized that accepting such requests based on mere suspicion would undermine the judicial process and institutional integrity. Justice Sharma stated that the plea was based on "insinuations and aspersions" rather than evidence and stressed that a judge cannot recuse themselves to satisfy a litigant's unfounded fears.

The Court addressed concerns over a potential conflict of interest, citing that Justice Sharma’s children being empanelled as Central Government counsel did not establish bias unless a direct connection to the case was demonstrated. It clarified that while judges take an oath of office, their family members retain independent professional rights, and litigants cannot dictate their career choices. Furthermore, the Court rejected the notion that prior Supreme Court orders overturning some High Court decisions could justify recusal, noting no adverse remarks were made by the higher court.

Regarding Justice Sharma's participation in certain events, the Court highlighted that such engagements were professional, not political, and that judges often attend similar events without it implying ideological bias. The Court also noted contradictions in the applicants’ arguments, pointing out that even if the judge’s integrity was not in doubt, recusal was still sought. Justice Sharma remarked that recusal in this context would validate the unfounded allegations and undermine the judiciary.

Concluding the judgment, the Court stressed that judicial duty cannot be influenced by public criticism or baseless claims. The plea was dismissed, and the case will proceed on its merits. The case concerns the Delhi Excise Policy 2021-22, with the CBI challenging the discharge of Kejriwal, Manish Sisodia, and others. (ANI)

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