Kejriwal's attempt to seek recusal of Delhi HC judge 'unfortunate': CM Rekha Gupta

NEW DELHI: Delhi Chief Minister Rekha Gupta on Monday said AAP convener Arvind Kejriwal's attempt to seek the recusal of a high court judge hearing the excise policy case is "unfortunate" and risks undermining public trust in democratic institutions.

Delhi High Court judge Justice Swarana Kanta Sharma refused to recuse herself from hearing the liquor policy case as she rejected the pleas of Kejriwal and others for her withdrawal.



Gupta said the judgment of the high court sends an unequivocal message that the independence, impartiality and dignity of the judiciary are non-negotiable.

"The attempt by Kejriwal to cast aspersions on the judicial process and question the impartiality of a sitting high court judge is not only inappropriate but also deeply undermines the sanctity of democratic institutions," said the chief minister.

When individuals who have held high public offices resort to such conduct, it risks eroding public confidence in the justice delivery system, she said in a statement.

Kejriwal is one of the several accused in the excise policy case involving allegations of corruption and violation of rules.

"It is equally unfortunate to witness a recurring pattern where judicial orders are selectively accepted when convenient and questioned when not. Such double standards have no place in a constitutional democracy governed by the rule of law," she said.

The court has rightly underscored that no individual, regardless of position or influence, is above the judicial process, she said, and added that justice cannot be shaped by perception nor can truth be altered through rhetoric or public discourse.

In the pronouncement of the judgment 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 itself, and "a politician cannot be permitted to cross the boundary and sit in judgment over the competence of a judge".

Former Delhi chief minister Kejriwal had raised several objections against Justice Sharma hearing the CBI's 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.

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.
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