New Delhi: Justice Swarana Kanta Sharma of the Delhi High Court dismissed multiple recusal applications filed by AAP leader Arvind Kejriwal and other co-accused in the Delhi excise policy case. In a significant ruling, the judge held that the applications alleging an apprehension of bias were driven by “perception, not proof.” She described the situation as a direct challenge to judicial independence, noting that the litigants had attempted to place the judge and the institution in the dock rather than being judged by the court.
The court emphasized that judicial impartiality is a legal presumption that must be rebutted with concrete evidence. Justice Sharma rejected the arguments concerning her children’s empanelment as government counsel, stating that no connection was shown to the excise case and that a litigant cannot dictate the careers of a judge’s family members. She also addressed concerns regarding her participation in professional legal events, clarifying that interactions between the Bench and the Bar do not imply ideological leaning. To accept such grounds for recusal, she warned, would encourage “forum shopping” and weaken the entire justice delivery system.
Furthermore, the judge dismissed reliance on social media campaigns and political commentary, specifically statements attributed to Home Minister Amit Shah. She noted that public remarks by politicians are beyond judicial control and cannot determine a judge’s participation in a case. Justice Sharma remarked that while withdrawing would have been the easier option, doing so would have been an act of surrender rather than prudence. The main matter has now been scheduled for hearing the CBI’s submissions on April 29 and 30, 2026.
