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Arvind Kejriwal Seeks Bench Transfer in Excise Case, Cites Concerns Over “Judicial Detachment”

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NEW DELHI — In a significant legal development, former Delhi Chief Minister Arvind Kejriwal on Wednesday, March 11, 2026, moved a formal representation before the Chief Justice of the Delhi High Court, requesting the transfer of a criminal revision petition linked to the excise policy case. Kejriwal, who is arrayed as a respondent in the matter, has urged the Chief Justice to exercise his authority as the “Master of the Roster” to move the case away from the bench of Justice Swarana Kanta Sharma.

The representation highlights several procedural concerns following the first hearing of the petition on March 9, where the Central Bureau of Investigation (CBI) challenged the trial court’s discharge of various accused persons. Kejriwal’s plea contends that the court recorded a prima facie view labelling the trial court’s detailed discharge order as “erroneous” at the very first instance, notably before hearing the arguments of the discharged individuals.

Key Concerns Raised in the Representation

  • Ex Parte Directions: The plea alleges that the court granted interim directions affecting Enforcement Directorate (ED) proceedings, despite the ED not being a party to the CBI’s revision petition and no such relief being sought by the agency.

  • Voluminous Records & Short Deadlines: Although the case involves multiple charge sheets and extensive documentation, the court granted only one week for filing replies. The representation claims this timeline is unusually short for a matter of this complexity.

  • Apprehension of Bias: Kejriwal pointed to previous orders passed by the same bench in related excise policy matters. He argued that a “fair-minded litigant” could reasonably apprehend that the current petition may not receive a hearing with “complete judicial detachment” due to prior observations made by the bench.

The representation emphasises that these concerns are “institutional rather than personal,” invoking the legal principle that justice must not only be done but must also be “seen to be done.” By seeking a transfer to another appropriate bench, Kejriwal aims to preserve public confidence in the impartiality of the judicial process as the high-stakes legal battle over the defunct excise policy continues to unfold.

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