Delhi High Court Judge Stands Firm in Kejriwal Liquor Policy Case
In a significant development, Justice Swarana Kanta Sharma of the Delhi High Court on Monday firmly rejected a request to recuse herself from presiding over the matter involving former Chief Minister Arvind Kejriwal in the contentious liquor policy case. The judge underscored that impartiality is a fundamental presumption in favor of a judge, characterizing it not as a legal mandate but as an ethical obligation essential to the judicial process.
Judge's Key Observations on Judicial Impartiality
Justice Sharma articulated that a politician must not be allowed to overstep boundaries by questioning judicial competence, stating, "a politician cannot be permitted to cross the boundary and cannot judge judicial competence." She further warned against allowing litigants to sow seeds of distrust in the judiciary, remarking, "Floodgates of court cannot be opened by allowing a litigant to plant seeds of distrust solely on this basis." According to reports from Live Law, she emphasized that when a recusal is sought, the burden lies on the litigant to rebut the presumption of impartiality, adding that "mere apprehension or personal perception of litigant is not enough."
Background of Kejriwal's Recusal Application
Arvind Kejriwal appeared personally before the court to request Justice Sharma's recusal from hearing a Central Bureau of Investigation (CBI) petition that challenges his discharge in the liquor policy case. In his application, Kejriwal expressed a grave, bona fide, and reasonable apprehension that the proceedings before her would lack impartiality and neutrality. His plea highlighted that Justice Sharma has presided over multiple cases stemming from the CBI FIR, including Kejriwal's own petition against his arrest, and has consistently denied relief to all accused parties involved.
This refusal to recuse comes amid ongoing legal battles surrounding the liquor policy, with the case continuing to unfold as a developing story. The Delhi High Court's stance reinforces the judiciary's commitment to upholding ethical standards while navigating complex political and legal landscapes.
