The CBI opposed recusal pleas by Arvind Kejriwal, Manish Sisodia and others in the Delhi excise policy case before the Delhi High Court. It rejected allegations linking Justice Swarana Kanta Sharma to ideological affiliations, calling the claims unfounded.
NEW DELHI: The Central Bureau of Investigation (CBI) submitted an affidavit to the Delhi High Court opposing recusal applications filed by Arvind Kejriwal, Manish Sisodia and four others in the Delhi excise policy matter.
In the affidavit, the agency dismissed claims that Justice Swarana Kanta Sharma is ideologically linked to the Akhil Bharatiya Adhivakta Parishad (ABAP), the legal arm of the Rashtriya Swayamsevak Sangh (RSS).
The CBI argued that mere attendance at an ABAP seminar does not demonstrate ideological partiality. It maintained that branding a judge as biased solely for participating in non-political legal events is baseless, weakens the court’s authority and interferes with the administration of justice actions that may amount to contempt of court.
The central agency said,
“If attending a function of Akhil Bhartiya Adhivakta Parishad shows ideological bias of any judge then large number of sitting High Court and Supreme Court judges would have to recuse from hearing any case where Politically Exposed Persons are accused,”
The affidavit also noted that Justice Sharma has issued favourable orders for individuals named in the excise policy probe. The CBI rejected suggestions that the judge was conducting proceedings in a hurried manner.
Pointing to Supreme Court directives to handle cases involving Members of Parliament and Members of Legislative Assemblies promptly, the agency said compliance with those instructions should not be construed as bias. It highlighted the Lalu Yadav matter, which Justice Sharma is also overseeing, noting the court held 27 hearings in under three months.
The CBI further contended there was no fault in the High Court making prima facie observations about the trial court and staying trial proceedings in the excise policy-related money laundering case.
The recusal pleas were filed by Kejriwal, Sisodia, Durgesh Pathak, Vijay Nair, Arun Pillai and Chanpreet Singh Rayat. Kejriwal personally appeared before the High Court on April 6 and indicated he would argue his recusal application himself.
The matter is listed for the next hearing on April 13.
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