The Delhi High Court on Monday (20 April) allowed Aam Aadmi Party Chief Arvind Kejriwal to place an additional rejoinder on record in his plea seeking recusal of Justice Swarna Kanta Sharma. The development came during proceedings linked to the CBI’s challenge against his discharge in the liquor policy case.
Background of the Case
Kejriwal has questioned the impartiality of Justice Sharma, pointing to the professional association of her children with the Central government’s legal panel. According to him, this creates a “reasonable apprehension of bias,” even if they were not directly involved in the present matter.
The plea arises in the context of the Central Bureau of Investigation seeking to overturn the discharge of the accused, including Kejriwal, in the excise policy case.
Appearing via video conference, Kejriwal requested that his rejoinder-filed in response to the CBI’s written submissions-be formally taken on record. He argued that the issue raised goes to the root of judicial fairness.
Opposing the request, Solicitor General Tushar Mehta submitted that procedural law does not permit filing a rejoinder after written submissions are already on record. He further contended that the matter had been reserved for judgment, and no fresh pleadings should be entertained at that stage.
Justice Sharma acknowledged the procedural limitation but chose to make an exception given the nature of the allegations. The court observed,
“Filing of rejoinder to written submissions is not permitted. But since allegations of bias have been raised, I am allowing it by treating the rejoinder as written submissions.”
The bench also took note of the timing of filings, especially after the case had been reserved for orders.
The court accepted Kejriwal’s rejoinder in a limited capacity by treating it as written submissions and placing it on record. It also postponed the pronouncement of its decision to later the same day.
