The Delhi High Court on Wednesday adjourned the hearing on the CBI's petition challenging the discharge of former Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the excise policy case to May 4. The court also granted the accused a final opportunity to file their replies by Saturday.
Hearing Details
During the proceedings before Justice Swarana Kanta Sharma, the court noted that the entire trial court record, including recent orders, had not been received. The judge stated, "We will just call for the record and start hearing from Monday," directing the record to be summoned by Thursday. The AAP functionaries, including former MLA Durgesh Pathak, boycotted the hearing, with Pathak joining Kejriwal and Sisodia in their decision.
Fresh Summons and Notices
Additionally, the High Court issued fresh summons to Kejriwal regarding the Enforcement Directorate's appeal against his acquittal for failing to respond to summons during the initial investigation into the liquor policy case. The court also issued notice to the CBI on an application by one of the discharged accused seeking to vacate the interim stay order passed on April 9. Furthermore, the court listed for May 4 the ED's petition seeking to expunge certain "unwarranted" remarks against it in the trial court's decision.
Trial Court's Discharge Order
On February 27, the trial court discharged Kejriwal, Sisodia, and 21 others in the excise policy case, ruling that the case "wholly unable to survive judicial scrutiny" and stood discredited. On March 9, Justice Sharma's bench stayed the trial court's recommendation for departmental action against the CBI's investigating officer. While issuing notices to all 23 accused on the CBI's plea, the judge observed that certain trial court findings at the charge-framing stage appeared "prima facie erroneous" and required reconsideration.
Recusal Application
Kejriwal, Sisodia, and other respondents moved an application seeking the judge's recusal, alleging conflict of interest and bias. They claimed that the judge's children are empanelled central government lawyers who receive work through Solicitor General Tushar Mehta, who represents the CBI. On April 20, Justice Sharma dismissed the recusal application, stating that judges cannot recuse themselves based on unfounded apprehension of bias. In response, Kejriwal and Sisodia wrote letters declaring they would not appear before her personally or through a lawyer, citing "Mahatma Gandhi's path of Satyagraha."
Durgesh Pathak's Stand
Durgesh Pathak, who also wrote to Justice Sharma on Wednesday, expressed agreement with Kejriwal and Sisodia's sentiments, citing the judge's "repeated public attendance at a lawyers' organisation publicly understood to belong to RSS" and her children's engagement with Union government panels. Pathak stated he would not participate in hearings "either personally or through legal representation" and requested that his vakalatnama be treated as discharged. In a post on X, he said, "Justice must not only be done, but must also be seen to be done," while reaffirming his faith in the judiciary's institutional integrity.
