In a dramatic turn of events, Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia have refused to pursue their excise policy case before a particular judge of the Delhi High Court. Citing a loss of faith in the judiciary, they declared that no path except satyagraha remains for them.
Background of the Excise Policy Case
The case pertains to the now-scrapped Delhi excise policy 2021-22, which is under investigation by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). Both Kejriwal and Sisodia have been summoned for questioning, and Sisodia was arrested in February 2023. The Aam Aadmi Party (AAP) leaders have consistently maintained that the case is politically motivated.
Refusal to Appear Before the Judge
On Monday, the counsel for Kejriwal and Sisodia informed the Delhi High Court that they would not argue the case before Justice Dinesh Kumar Sharma. The lawyers stated that the leaders have lost confidence in the judge's impartiality, citing certain remarks made during previous hearings. The court was told that the leaders would rather not engage in legal proceedings than appear before a judge they consider biased.
Call for Satyagraha
Following the court's proceedings, Kejriwal and Sisodia issued a joint statement, asserting that the judiciary has become a tool of the central government. They said, "When the judiciary itself is compromised, the only path left is satyagraha. We will not bow down to injustice." The term satyagraha, popularized by Mahatma Gandhi, refers to non-violent resistance against oppression.
Political Reactions
The move has drawn sharp reactions from political circles. The ruling Bharatiya Janata Party (BJP) accused the AAP leaders of attempting to intimidate the judiciary. BJP spokesperson Sambit Patra said, "They are afraid of the truth and are now running away from the court. This is a clear admission of their guilt." On the other hand, opposition parties like the Congress and the Left have expressed solidarity, with Congress leader Rahul Gandhi tweeting, "When the system fails, satyagraha is the only answer. We stand with Kejriwal and Sisodia."
Legal Implications
Legal experts are divided on the implications of this refusal. Senior advocate Prashant Bhushan commented, "While the right to seek a change of bench exists, openly refusing to appear before a judge sets a dangerous precedent. It undermines the authority of the court." However, others argue that the leaders are exercising their fundamental right to protest against a biased system.
The Delhi High Court is yet to decide on the next course of action. The case is likely to be listed before a different bench, or the court may take suo motu cognizance of the leaders' conduct. Meanwhile, Kejriwal and Sisodia have called for a nationwide protest on April 10, urging supporters to join them in a satyagraha for the independence of the judiciary.
