Arvind Kejriwal has refused to appear before Justice Swarana Kanta Sharma in the excise case, saying “Justice must not only be done but must also be seen to be done”. He said this conclusion guided his difficult decision.
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 Aam Aadmi Party (AAP) national convenor further stated,
“I have taken this decision by heeding the voice of my conscience,” while also keeping legal options open.
He asserted in the letter,
“I reserve the right to approach the Supreme Court to appeal against Justice Swarana Kanta’s verdict,”
However, legal experts believe Kejriwal’s decision not to appear could create problems for him and may even lead to the issuance of a warrant.
Senior Advocate Satish Tamta said,
“In a case of acquittal, the court would have made the accused sign a bond that he will appear before court for any appeal proceedings under relevant sections. If the accused fails to appear in compliance with the bond, the court can issue warrants- first a bailable warrant and then a non-bailable warrant to compel him to appear in court,”
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.
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