The Delhi High Court has refused to allow recusal of Justice Swarana Kanta Sharma from hearing the excise policy case involving Arvind Kejriwal. The Court dismissed allegations of bias, emphasizing that judicial independence cannot be undermined by unsubstantiated claims.
Background of the Case
The recusal plea was filed by Kejriwal and other accused after the Central Bureau of Investigation challenged a trial court order that had discharged them in the excise policy case. The applicants alleged bias based on judicial observations, Justice Sharma’s participation in legal events, and her children being empanelled as government counsel.
Rejecting the plea, Justice Sharma held that allegations of bias must be supported by “tangible material” and not mere perception.
“The competence of a judge is decided by higher courts, not by a litigant,” the bench observed, adding that personal apprehensions cannot meet the legal test of bias.
Addressing concerns over her children’s professional roles, the Court noted there was no connection between them and the case.
“A litigant cannot dictate the professional choices of a judge’s family,” Justice Sharma remarked.
The Court also dismissed reliance on social media narratives, stating,
“A lie, even if repeated a thousand times… does not become the truth.”
On participation in professional events, the judge clarified that attending legal forums does not imply political bias and is a routine part of judicial engagement.
Concluding that the allegations were based on “conjectures and insinuations,” the Court held that the plea failed to meet the legal threshold for recusal.
“A judge cannot recuse to satisfy unfounded suspicions or manufactured allegations,” Justice Sharma stated, firmly adding, “I will not recuse. I will hear the case.”
The applications were accordingly dismissed, and the matter has been listed for further hearing on merits.
Case Title: CBI v. Arvind Kejriwal
Judgment Date: April 20, 2026
