Kejriwal appears in person before HC to plead change of Bench in excise case; SG terms it ‘theatrics’

Former Delhi Chief Minister and Aam Aadmi Party (AAP) national convener Arvind Kejriwal on Monday appeared in person before the Delhi High Court to argue his plea seeking a change in the Bench hearing the Central Bureau of Investigation (CBI)’s plea against his discharge and that of 22 others in the liquor policy case. Justice Sharma took Mr Kejriwal’s application on record and listed it for hearing on April 13.

Solicitor General Tushar Mehta, appearing for the CBI, strongly objected to the application, arguing that the court was not a “forum for theatrics”. Mr. Mehta said the AAP chief’s “allegations against the institution” were frivolous and contemptuous.

Also read | Delhi Excise Policy Case: From implementation, to the arrest and subsequent discharge; a timeline

“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,” said the Solicitor General.

He told the court that a total of seven individuals, of the 22 discharged by a trial court on February 27, have filed applications seeking the allotment of the case before a Bench of which Justice Sharma is not a part, adding that the applications had been filed as part of a “well thought out design”.

To the former CM’s assertion that he would argue the application himself and would exercise his “legal rights” on the aspect of being represented by a lawyer subsequently, Mr. Mehta said the AAP chief should discharge his lawyer if he wanted to appear in person in the case.

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

While acquitting the 23 accused in the liquor policy case, the trial court had criticised the CBI, saying its case did not withstand judicial scrutiny and stood discredited in its entirety.

On March 9, after issuing notice to all 23 accused based on the probe agency’s plea against their discharge, Justice Sharma said certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.

On March 9, Justice Sharma issued notice to all 23 accused on CBI’s plea against their discharge, saying certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.

She stayed the trial court’s recommendation on the initiation of departmental action against the CBI’s investigating officer in the liquor policy case.

Also Read: Speed, bias, and the Liquor Gate

Later, Chief Justice of Delhi High Court, D.K. Upadhyaya, declined Mr. Kejriwal’s request to transfer the CBI’s plea from Justice Sharma to another Judge and said that a call for recusal has to be taken by the Judge concerned.

In a representation made on March 11, Mr. Kejriwal, as well as AAP leader Manish Sisodia, along with other accused in the excise policy case, claimed there was a “grave, bona fide, and reasonable apprehension” that the hearing in the matter before Justice Sharma would not be impartial and neutral.