AAP national convenor and former Delhi chief minister Arvind Kejriwal has written to Delhi High Court Justice Swarana Kanta Sharma informing her that he will not appear before her in person or through a lawyer in the ongoing excise policy case.
In a letter addressed to the judge, Kejriwal stated that his expectation of receiving a fair hearing from her has been completely dashed following the court’s recent ruling. He has chosen to adopt Mahatma Gandhi’s principle of Satyagraha, guided solely by the voice of his conscience. He further clarified that he would exercise his right to challenge her decisions before the Supreme Court.
“My hope of getting justice from Justice Swarn Kanta is shattered. Therefore, I have decided to follow Gandhiji’s Satyagraha. I have made a decision based on the voice of my conscience. I will reserve the right to appeal Justice Swarn Kanta’s decision in the Supreme Court,” he wrote, reported ANI.
Kejriwal to move SC against Justice Sharma’s decision in Delhi Excise Policy case
Kejriwal said that he has decided to challenge the order after following his “inner voice” and confirmed that he will approach the Supreme Court against Justice Swarana Kanta Sharma’s decision.
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This comes just days after the Delhi High Court rejected Kejriwal’s plea seeking the recusal of Justice Swarana Kanta Sharma from hearing matters related to the Delhi excise policy case.
In his application, Kejriwal argued that there was a serious, genuine and reasonable concern that the proceedings before the judge may not remain impartial or neutral.
Court rejects recusal plea, calls allegations baseless
Kejriwal’s plea pointed out that Justice Sharma had already heard several cases linked to the CBI FIR, including his challenge to his arrest, and had not granted relief to any of the accused so far.
However, Justice Sharma firmly stated that recusal cannot be allowed merely on the basis of perception or unsupported concerns. She said such attempts could weaken public confidence in the judicial system.
The court observed that the allegations were “based on conjectures and insinuations” and did not meet the legal standard needed to prove bias.
Responding to the allegations about her children serving as panel counsels for the Central Government, Justice Sharma said only Kejriwal had raised such claims. She added that if such arguments were accepted, courts would be unable to hear any matter where the Union of India is a party.
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She also said that just as children of politicians are free to enter politics, it would be unfair to question children or family members of judges for joining the legal profession and building their careers through their own efforts. She stressed that such suggestions were baseless and ignored the dignity, integrity and responsibility attached to judicial office.
The judge further observed that there is a difference between a real conflict of interest and creating the appearance of one where none exists. She said in this case, an artificial conflict had been projected, and a litigant cannot be allowed to create a situation that undermines the judicial process.
(This is a developing story. Stay tuned for further updates.)
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