In a notable exchange at the Delhi High Court on Monday, Justice Swarana Kanta Sharma complimented former Chief Minister Arvind Kejriwal on his legal acumen, suggesting he could practice as a lawyer after he spent an hour personally arguing for her recusal from the liquor policy case.
Key Highlights of the Hearing
The session, which lasted nearly five hours, focused on Kejriwal’s application requesting that Justice Sharma step down from hearing the CBI’s petition against his discharge.
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The Compliment: After concluding his submissions, Justice Sharma told him, “You argued well. Aap vakeel ban sakte hai” (You can become a lawyer).
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The Response: Kejriwal, a former IRS officer, replied that he was happy with his current calling. Senior lawyer Sanjay Hegde, representing Manish Sisodia, added a touch of humor by asking Kejriwal “not to add to the competition.”
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Verdict Reserved: The court has reserved its decision on whether Justice Sharma will continue to hear the matter.
Why Kejriwal Requested Recusal
Kejriwal raised several objections regarding the judge’s previous rulings and observations in related matters:
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Prior Denials: He noted that the judge had previously denied him relief when he challenged his arrest and had refused bail for co-accused Manish Sisodia and K Kavitha.
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Strong Observations: Kejriwal argued that the judge’s earlier findings were “strong and conclusive,” claiming, “I was almost declared guilty… Only the sentence was left to be pronounced.”
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Conflict of Opinion: The former CM highlighted that while the trial court had discharged him (stating the CBI’s case could not survive scrutiny), Justice Sharma had already observed that some of those findings appeared “prima facie erroneous.”
Legal Context: The CBI vs. The Trial Court
The battle centers on the trial court’s February 27 order, which was a significant victory for the AAP:
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Trial Court Ruling: Discharged Kejriwal, Sisodia, and 21 others, heavily criticizing the CBI for a case that was “unable to survive judicial scrutiny.”
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High Court Intervention: On March 9, Justice Sharma stayed the trial court’s recommendation for departmental action against the CBI’s investigating officer and issued notices to the accused to review the discharge order.
A History of Self-Representation
This isn’t the first time Kejriwal has bypassed his senior counsel to speak directly to the bench. In March 2024, he famously addressed a trial judge to question the grounds of his arrest while in ED custody.
The High Court’s upcoming decision on the recusal application will determine who presides over the next phase of this high-profile legal battle.
