New Delhi: The Central Bureau of Investigation (CBI) Thursday filed its response to Arvind Kejriwal’s additional affidavit in the recusal case against Justice Swarana Kanta Sharma of the Delhi High Court.
In his additional affidavit, Kejriwal had pointed out that the following facts emerged after his appearance before the Delhi HC, about a week ago, on 6 April, when he argued in person. Citing official public records of the government’s Department of Legal Affairs, Kejriwal submitted that advocates Ishaan Sharma and Shambhavi Sharma, who happen to be the son and daughter of Justice Kanta Sharma, have been empanelled by the Centre.
By way of a 23-page detailed reply filed Thursday evening, the CBI opposed Kejriwal’s recusal request on grounds of the judge’s daughter and son being government-appointed counsel presently, and said that neither Justice Sharma, nor her children have assisted or been involved with anyone connected to the Delhi excise policy case.
The CBI also said that if Kejriwal’s argument about Justice Sharma’s children being empanelled by the government is accepted, all judges whose relatives are on government panels would be disqualified from hearing cases related to governments or political leaders.
“All learned Judges throughout the country will be disqualified to hear matters pertaining to such Government/s or matters of any political leader-small or big if their relatives are on any government panel of Central Government or State Government,” the CBI’s written statement states.
By this logic, all judges whose relatives are on the panel of either state or central governments or even any Public Sector Undertakings (PSUs) will be disqualified from hearing government-related cases.
While Ishan has been empanelled by the central government as a Group A panel counsel for the Supreme Court, Shambhavi has been empanelled by the Centre as a government pleader for the Delhi HC, and holds the Group C Panel Counsel position, Kejriwal disclosed in his affidavit.
Kejriwal also submitted that prior to this, Justice Sharma’s son, Ishaan, also was empanelled with the Delhi HC.
Saying that Justice Sharma’s children are both independent practitioners and aren’t attached to any senior lawyer, the CBI added, “Neither Shri Ishaan Sharma nor Ms Shambhavi Sharma ever dealt with or even assisted anyone in any of the matters pertaining to the present offence before any court in past at any stage of proceedings or have been involved in the matter in any capacity.”
Terming Kejriwal’s affidavit as a “belated attempt” to malign government institutions, the CBI said it is nothing but an “afterthought”, which is coming after the judgment being reserved, and the arguments in the case coming to a halt.
As for the Adhivakta Parishad argument, the CBI pointed out that it is an association of members of the Bar and almost all judges attend the functions since these events are not organised to discuss any political issues but purely legal issues discussed routinely at bar association events.
The CBI also pointed out that advocate Ishaan Sharma has been on the Centre’s panel since 2022, contrary to the “mischievous allegation” that he was inducted in the panel in 2025, and was assigned matters along with hundreds of other panel lawyers to assist the law-officers in different cases.
(Edited by Amrtansh Arora)