Today, On 5th May, The Delhi High Court will appoint three senior counsel to assist the court after Arvind Kejriwal boycotted proceedings in the Excise Policy case. He, along with Manish Sisodia and Durgesh Pathak, skipped hearings before Justice Swarana Kanta Sharma.
The Delhi High Court said it will appoint three senior advocates to act as amicus curiae to represent Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak.
They have decided to boycott the proceedings in CBI’s petition challenging their discharge in the corruption case linked to the alleged liquor policy scam.
The Aam Aadmi Party leaders chose not to appear before Justice Swarana Kanta Sharma after she declined to recuse herself from the hearing.
Today, Justice Swarana Kanta Sharma observed that Kejriwal, Sisodia, and Pathak were not represented and stated,
“I will appoint some senior as amicus for respondents 8,18 and 19.”
She also added,
“It will be appropriate if I hear arguments of CBI once I appoint amicus,”
The court is expected to update the names of the appointed amicus on Friday, May 08.
Earlier, Arvind Kejriwal, National Convenor of the AAP, has written to Justice Swarana Kanta Sharma stating that he will not appear before her, either in person or through his lawyers.
Arvind Kejriwal, the former Chief Minister of Delhi, said he will not appear before Delhi High Court judge Justice Swarana Kanta Sharma, who is hearing a plea challenging his acquittal in the excise policy case.
In a letter to the judge, Kejriwal said he has lost faith in her ability to deliver justice. His letter comes days after Justice Sharma rejected a recusal plea filed by Kejriwal in the matter.
Kejriwal accused the judge of having a conflict of interest, alleging that Justice Sharma’s children—who work as panel lawyers for the central government have professional links with Solicitor General Tushar Mehta, who is appearing against him in the case.
Kejriwal wrote,
“I have written the following letter to Justice Swarna Kanta Sharma, informing her that pursuing Gandhian principles of Satyagraha, it won’t be possible for me to pursue this case in her court, either in person or through counsel,”
He added,
“I have taken this difficult decision after coming to the clear conclusion that the proceedings being conducted in her court do not, in any manner, satisfy the fundamental principle that justice must not only be done but must also be seen to be done”.
The matter originates from a Central Bureau of Investigation (CBI) appeal against a trial court order that had earlier acquitted Kejriwal and several other accused in the excise policy case.
The High Court issued notice on the CBI’s petition and indicated that some observations made by the lower court appeared, at least at first sight, to be flawed leading to renewed legal proceedings.
However, Kejriwal has consistently argued that the case is politically driven and has repeatedly raised concerns about the fairness of the process.
Earlier, Arvind Kejriwal has filed an application before the Delhi High Court seeking the recusal of Justice Swarana Kanta Sharma. Through this application, Kejriwal has requested that Justice Sharma should not hear the case.
Additionally, Kejriwal’s this move comes a few days after Justice Sharma refused to step aside from the Delhi excise policy matter, dismissing the AAP leader’s allegations of bias and conflict of interest.
In a sharply worded ruling, the court reaffirmed the principle of judicial independence and rejected the contention that the proceedings would be unfair or lack impartiality.
Justice Sharma said while pronouncing her decision,
“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,”
She also said there is a presumption that judges act impartially, and that such a presumption can be overturned only by concrete evidence something she noted was missing from Kejriwal’s application.
Previously, On February 27, the trial court acquitted all 23 accused persons in the case, including prominent political leaders Arvind Kejriwal, Manish Sisodia, and K Kavitha.
The court also strongly criticised the CBI’s investigation.
It may be noted that the matter took on a political dimension, particularly because Kejriwal was arrested and sent to judicial custody during the 2024 Lok Sabha elections. He was later granted bail by the Supreme Court after 156 days in custody.
Similarly, Manish Sisodia spent 530 days in jail in connection with the case.
The CBI’s revision against the trial court’s order was heard by Justice Sharma, who on March 9 made a prima facie observation that the trial court’s remarks were erroneous.
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