New Delhi: In a significant development in the ongoing excise policy case, Aam Aadmi Party (AAP) chief Arvind Kejriwal has approached the Delhi High Court with a supplementary affidavit, urging Justice Swarn Kanta Sharma to step aside from hearing the matter. The request is rooted in concerns about perceived impartiality rather than allegations of direct bias.
The fresh submission comes shortly after an intense court hearing earlier this week, during which Kejriwal personally argued for recusal while responding to the Central Bureau of Investigation’s (CBI) challenge to a lower court order that had cleared him and other accused in the case.
In his affidavit, Kejriwal introduced what he described as newly uncovered details, focusing on professional engagements linked to the judge’s family. He pointed to records indicating that the judge’s son has been empanelled as a legal representative for the Central Government, receiving a substantial number of case assignments over recent years.
According to the filing, these assignments—allocated through a system overseen by senior law officers, including Solicitor General Tushar Mehta—reflect an ongoing professional association. The affidavit highlights that thousands of cases were reportedly assigned to the judge’s son between 2023 and 2025, suggesting a sustained institutional connection.
Kejriwal has argued that such a relationship, even if routine within the legal framework, could raise legitimate questions about the appearance of fairness in a case where the prosecution is being conducted by a central agency. He emphasized that his plea is based on the principle that justice must not only be done but must also be seen to be done.
The affidavit also raises procedural concerns regarding the earlier hearing. Kejriwal claimed that proceedings continued after he had concluded his arguments and left the courtroom, with decisions being taken without giving him an opportunity to respond further. Additionally, he noted that directions in the main case were issued while his recusal request was still pending.
Maintaining that the issue is one of perception rather than accusation, Kejriwal has urged the court to consider whether a reasonable observer might question the neutrality of the proceedings under the circumstances.
The matter is expected to come up for further consideration, with the court likely to decide whether the case should continue before the current Bench or be reassigned.
