Kejriwal argues own case in HC; recusal plea on April 13

Former Delhi chief minister Arvind Kejriwal on Monday emulated Bengal chief minister Mamata Banerjee by arguing his case in the court. The TMC supremo had presented her side of the case in the Supreme Court a few weeks ago. Delhi High Court Justice Swarana Kanta Sharma took Kejriwal’s application for her recusal on record and listed it for hearing on April 13, after she was informed that a plea for transfer of the case to another HC bench filed before the apex court has been withdrawn.

The court recorded that besides Kejriwal, the applications for recusal of the judge were also filed by AAP leaders Manish Sisodia and Durgesh Pathak.

In its order, the court also granted time till April 10 to Kejriwal and others to file their response on the main CBI plea as a “last and final opportunity”. Solicitor General Tushar Mehta, appearing for the CBI, argued that the court was not a forum for theatrics and Kejriwal should discharge his lawyer if he wanted to appear in person in the case.

Mehta strongly objected to the recusal application and said Kejriwal’s allegations against the “institution” were frivolous and contemptuous. “Some people in this country make a career out of making baseless allegations against everyone. That will have to be taken seriously. It is an allegation against the institution, and we will have to support that institution,” Mehta said. He also informed that a total of seven discharged accused have filed applications seeking the judge’s recusal as part of a “well thought out design”.

“If anyone else wants to file the application, please do it, so that I can decide it once and for all,” Justice Sharma said.

Kejriwal asserted that he would argue the recusal application himself and would exercise his “legal rights” on the aspect of being represented by a lawyer subsequently. He requested the court to take his application on record, as, being a litigant appearing in person, he was unable to e-file it on the high court portal.

Mehta said the agency’s response to the recusal application was ready in the form of a note. He contended that, as “predicted” by him earlier, the pleas filed by Kejriwal in the Supreme Court regarding the present proceedings were still pending with the top court’s registry.

The court was informed by senior advocate Shadan Farasat, appearing for one of the respondents, that the petition filed in the Supreme Court for the transfer of the case to another judge has been withdrawn.

Later in the order, the court observed that some of the respondents had yet to file their replies on the main CBI petition despite seeking time to do so on two occasions. As a “last and final opportunity”, the court granted time till April 10 to Kejriwal and others to file their response.

The court clarified that if the respondent fails to file the reply by then, the option to file it shall stand closed.  The order also recorded that, besides Kejriwal, the applications for recusal of the judge were also filed by AAP leaders Manish Sisodia and Durgesh Pathak. Other respondents, including Vijay Nair and Arun Ramchandra Pillai, have also filed similar applications seeking recusal, the court added.