Excise Case: Kejriwal and Sisodia Seek Transfer From Justice Sharma's Bench

Former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia have formally approached the Chief Justice of the Delhi High Court seeking the transfer of the excise policy case. In a letter addressed to the Chief Justice, the Aam Aadmi Party (AAP) leaders requested that the matter be moved from the bench of Justice Swarana Kanta Sharma to another bench. The petitioners have raised concerns regarding the impartiality of the proceedings and emphasized the need to maintain public confidence in the judicial process.

Allegations of Bias and Lack of Impartiality

In their communication to the Chief Justice, Kejriwal and Sisodia alleged that a fair trial might not be possible under the current bench. They invoked the legal maxim that justice must not only be done but must also be seen to be done. The leaders claimed that the conduct of Justice Swarana Kanta Sharma has raised doubts regarding neutrality. They specifically pointed to a recent instance where the court stayed departmental action against a CBI investigating officer during the first hearing of the agency's appeal, allegedly without hearing the arguments of the opposing side.

Reference to Supreme Court Interventions

The letter highlights that several orders previously passed by Justice Sharma in the excise policy case were subsequently set aside by the Supreme Court of India. According to the petitioners, the bench had consistently denied relief to the accused in earlier stages of the litigation, whereas the apex court later granted bail to several individuals involved. They argued that the bench's tendency to stay trial court orders and halt proceedings in the Enforcement Directorate (ED) case further justifies their request for a transfer to ensure an unbiased adjudication of the facts.

CBI Petition and Recent Judicial Developments

These developments follow a recent hearing in the Delhi High Court concerning a revision petition filed by the Central Bureau of Investigation (CBI). The agency has challenged the Rouse Avenue Court's decision to discharge 23 individuals, including Kejriwal and Sisodia, in the excise policy case. Justice Swarana Kanta Sharma's bench has issued notices to all 23 respondents and scheduled the next hearing for March 16. On top of that, the court has stayed the trial court's direction to initiate departmental action against the CBI officer who conducted the investigation.

Arguments by the Solicitor General

Representing the central agency, Solicitor General Tushar Mehta characterized the case as one of the most significant scandals in the history of the national capital. He stated that the investigation was conducted using scientific methods and that every aspect of the alleged conspiracy had been established, while the Solicitor General alleged that funds were transferred through hawala channels and that statements from key witnesses were recorded before a magistrate. While the High Court declined to stay the release of the accused at this stage, it directed the trial court to defer proceedings in the related ED case until a decision is reached on the CBI's revision petition.