Arvind Kejriwal refuses to appear before Justice Swarana Kanta, who refused to recuse in excise case

NewDelhi: Aam Aadmi Party (AAP) National Convenor Arvind Kejriwal has denied appearing before Justice Swarana Kanta Sharma, Delhi High Court Judge, who refused to recuse in the excise case.

Arvind Kejriwal, on Monday, wrote to Justice Swarana Kanta Sharma stating that he will not appear before her in person or through a lawyer.

In his letter, he wrote, “My hope of getting justice from Justice Swarn Kanta is shattered. Therefore, I have decided to follow Gandhiji’s Satyagraha. I have made a decision based on the voice of my conscience. I will reserve the right to appeal Justice Swarn Kanta’s decision in the Supreme Court.”

On April 20, the Delhi High Court dismissed Arvind Kejriwal, Manish Sisodia, and others’ plea seeking the recusal of Justice Swarana Kanta Sharma in the excise policy case.

This comes after the Delhi High Court on Monday dismissed AAP chief Arvind Kejriwal’s plea seeking the recusal of Justice Swarana Kanta Sharma in the excise policy case.
Kejriwal had alleged a perceived conflict of interest, claiming that the empanelment of the judge’s children as Central Government counsel created a reasonable apprehension of bias.

The High Court rejected the plea, holding that the allegations were based on mere conjecture and failed to meet the legal threshold for a reasonable apprehension of bias.
In sharp observations, the court emphasised that “the courtroom cannot become a theatre of perception.” It cautioned that even a powerful political figure cannot be allowed to cast aspersions on a sitting judge without any material evidence.

The bench stressed that the same standards of fairness and evidence apply when allegations are levelled against the judiciary, warning that entertaining such pleas would seriously erode institutional credibility.

Justice Sharma noted that the applicant’s case rested on “insinuations and aspersions” rather than concrete proof, and observed that accepting such arguments would set a dangerous precedent.

The court further held that a judge cannot be asked to recuse merely because a litigant fears an unfavourable outcome, stating that “justice cannot be managed through perception.”Later, the court also directed the removal of all social media links containing the April 13 proceedings related to the recusal plea filed by Arvind Kejriwal.

Bureau Report