The Delhi High Court on Thursday (16 April) accepted an additional affidavit filed by Arvind Kejriwal alleging bias, but made it clear that proceedings on the recusal plea would not be reopened.
Background of the Case
The matter arises from a petition by the Central Bureau of Investigation challenging a trial court order that discharged Kejriwal and others in the excise policy case. The High Court had earlier reserved its verdict on applications seeking recusal of Justice Swarana Kanta Sharma.
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Kejriwal, appearing via video conferencing, sought permission to formally place his additional affidavit on record, stating it had already been filed before the registry.
Allowing the request, the bench observed that while the affidavit would be taken on record, the case would not be reopened. “We are taking it on record… but the matter has already been reserved,” the Court noted.
Appearing for the CBI, Solicitor General Tushar Mehta said a similar request had earlier been declined but added, “We will file our written submissions.”
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In his affidavit, Kejriwal pointed to the professional roles of the judge’s children as panel counsel for the Central government. He argued this created a “direct and serious” apprehension of bias, as work allocations are made by the same legal establishment representing the prosecuting agency.
He further submitted that such overlap could affect the appearance of neutrality in a criminal case of this nature.
The Court directed the registry to accept the affidavit but reiterated that the recusal issue would be decided based on arguments already heard, with orders reserved.
