Legal – Kejriwal Seeks Judge’s Recusal Over Alleged Conflict Concerns
Legal – Former Delhi Chief Minister Arvind Kejriwal has approached the Delhi High Court with an additional affidavit requesting that Justice Swarana Kanta Sharma step aside from hearing a case linked to the excise policy investigation. The application raises concerns about a possible conflict of interest, citing publicly available information and documents obtained through the Right to Information mechanism.
Allegations Based on RTI and Public Records
In his submission, Kejriwal referred to an RTI response and media reports indicating that members of the judge’s immediate family are empanelled as lawyers for the central government. According to the affidavit, these lawyers reportedly receive assignments through the office of the Solicitor General, who has appeared in the matter on behalf of the Central Bureau of Investigation (CBI).
The affidavit claims that this professional linkage creates a situation that may affect the perception of impartiality. Kejriwal argued that even the appearance of a connection between the prosecuting agency and the judge’s family members could raise legitimate concerns about fairness in judicial proceedings.
Details on Allocation of Legal Work
The document further highlighted figures mentioned in the RTI reply, stating that a substantial number of cases were assigned to the judge’s son over recent years. It noted that thousands of cases were reportedly allocated annually, suggesting a continued professional association with government legal work.
Kejriwal emphasized that such empanelment is not merely honorary in nature but involves active court appearances and financial compensation. He argued that this strengthens the perception of a direct connection between the legal representatives of the government and the judge’s family.
Concerns Over Fair Opportunity in Court
The affidavit also raised procedural concerns. Kejriwal stated that he was not given sufficient opportunity to present additional arguments after the court reserved its order on the recusal request. He pointed out that the hearing extended late into the evening, leaving limited scope for further submissions.
Additionally, he objected to certain directions issued during the pendency of the recusal plea. According to him, the court passed orders that effectively restricted his ability to file a response to the CBI’s petition within a limited timeframe. He argued that such developments intensified his apprehension regarding the proceedings.
Background of Earlier Court Proceedings
Kejriwal also referred to earlier decisions delivered by the same judge in related matters. He noted that relief had previously been denied in his petition challenging arrest, as well as in bail applications filed by other accused individuals connected to the case.
He claimed that these prior rulings, combined with what he described as strong observations made during hearings, contributed to his concerns about the case being heard by the same bench.
Response from the Prosecution
The Solicitor General opposed the recusal request and defended the integrity of the judicial process. He argued that the concerns raised were unfounded and should not be considered sufficient grounds for a judge to withdraw from a case.
He further stated that allowing such requests without substantial evidence could undermine institutional credibility. According to him, recusal based on unverified allegations could set an undesirable precedent and encourage similar applications in other cases.
Broader Implications of the Plea
The matter highlights the delicate balance courts must maintain between ensuring impartiality and preventing misuse of recusal requests. Legal experts often note that while judges are expected to avoid conflicts of interest, the threshold for recusal must be carefully evaluated to protect judicial independence.
The court is expected to consider both the factual basis of the claims and the broader principles governing fair trial and institutional trust before delivering its decision on the application.