Judge slams Kejriwal, says won’t recuse

Justice Swarana Kanta Sharma rejects pleas of AAP leaders, says courtroom can’t be turned into a “theatre of perception”

Delhi High Court judge Swarana Kanta Sharma on Monday refused to recuse herself from hearing the liquor-policy case, rejecting the pleas of AAP chief Arvind Kejriwal and others for her withdrawal.

In the pronouncement that lasted for more than an hour, Justice Sharma said a litigant cannot be allowed to judge a judge without any material, and judges cannot recuse themselves to satisfy a litigant’s unfounded apprehension of bias. She added that a political leader cannot be allowed to damage an institution without any basis, as a personal attack on a judge is an attack on the judiciary.

“The issue was clear as to whether I should recuse. My impartiality and dignity had been challenged. The easier path would have to recuse without hearing the application. I decided to adjudicate the application because it was a question of the institution. I decided to decide it without being affected by the accusations,” Justice Sharma said.

Regarding her attending the events of ABAP, Justice Sharma said that those were not political events: “It is difficult to appreciate how mere participation as chief guest or speaker can give rise to apprehension of bias or that it has foreclosed the ability of a judge to judge a case.”

On Kejriwal’s argument that Justice Sharma’s children are part of the Government panel counsel, she said that a litigant cannot dictate how the relatives of a judge ought to lead their lives. She said that her judicial career has spanned 34 years and that judges cannot be forced to pass tests by litigant whether they are fit to hear a case.

“Can it be that judges would have to pass now additional test put by the litigant that they are fit to hear the case? They will have to prequalify a test put forward by the litigant. The judges in that case would have to satisfy the manufactured test that they have not attended the function of an organisation or that their family members are in the legal profession. It would become impossible for any judge to function,” the Court stated.

She added that recusing from the matter without hearing it will amount to surrendering her duty. “I know I will be criticised as a judge. Chahe wo social media mein ho ya applications me. Mujhe pata hai ki mujhe kitna aur kya karna hai. Agar main bina sune recuse kar leti to main apni duty surrender kar deti (I will be surrendering my duty if I recuse without hearing the matter),” the judge said, adding that a courtroom cannot be a theatre of perception.

Justice Sharma concluded that the narrative in the pleas for her recusal was based on conjectures and “perceived inclinations”. “This court will stand up for itself and the institution.... I will not recuse,” the judge said.

Kejriwal had raised several objections against the judge hearing the Central Bureau of Investigation’s (CBI) plea against his discharge in the liquor-policy case, including that she had earlier denied him relief on his petition challenging his arrest and refused to grant relief on the bail pleas of other accused, including Manish Sisodia and K Kavitha.

Besides Kejriwal, the applications for the judge’s recusal were also filed by Aam Aadmi Party (AAP) leaders Sisodia and Durgesh Pathak. Other respondents, including Vijay Nair and Arun Ramchandra Pillai, had also sought her recusal.

Solicitor General Tushar Mehta appeared in the court for the CBI and opposed the plea. He had earlier urged Justice Sharma to initiate contempt action against Kejriwal and the others for seeking her recusal.

On February 27, the trial court discharged Kejriwal, Sisodia and others in the Delhi liquor-policy case, saying the CBI’s case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.

The easier path would have to recuse without hearing the application. I decided to adjudicate the application because it was a question of the institution. I decided to decide it without being affected by the accusations    -    Justice Swarana Kanta Sharma