New Delhi: Days after Justice Swarana Kanta Sharma recused herself from the CBI’s excise scam case against ex-Delhi CM Arvind Kejriwal, Justice Manoj Jain has been appointed to hear the case.
Kejriwal ignited a controversy with his refusal to appear before Justice Swarana Kanta Sharma, whom he alleged would not grant him a fair hearing. The Aam Aadmi Party supremo cited her repeated attendance at Rashtriya Swayamsevak Sangh-linked events to raise concerns over a “reasonable apprehension of bias”. Justice Sharma refused to specifically recuse herself, but then initiated contempt proceedings against Kejriwal and others. The move necessitated transferring the hearing to a different judge.
Justice Manoj Jain, who will be replacing her, is a relatively new entrant to the Delhi High Court. He was elevated to the position of additional judge in 2023, and his appointment was made permanent in 2024.
A graduate of the law school at Panjab University in Chandigarh, Justice Jain is a career judge. He worked his way up the Delhi judicial circuit, occupying several administrative positions.
He notably served as Registrar General of the Delhi High Court, who is responsible for overall court administration and coordination, reflecting the significant institutional trust placed in him.
Justice Manoj Jain has also been involved in matters related to the judiciary’s rights and responsibilities. On a petition by the Judicial Service Association of Delhi requesting personal security personnel for judges, citing threats to judicial independence, he said in a March pronouncement, “The severity of the grievance raised in the present petition cannot be undermined.”
In a separate matter in April, Justice Jain refused a litigant’s request to transfer his hearings away from a particular CBI court. He held that an imaginary apprehension of bias did not warrant a transfer.
He also served on a vigilance committee that investigated allegations against fellow judges, in a bid to hold them accountable. He was on that committee when it recommended the suspension of Sessions Judge Sanjeev Kumar Jain last August. The sessions judge stood accused of pressuring a sexual assault victim to settle her suit.
In an oft-cited 2023 judgment, Justice Manoj Jain also established the principle that courts should not casually set aside arbitral awards.
He is further known for granting bail in several cases. He granted bail to an advocate accused of fraud who was trying to arrange school fees for his child. He also granted bail to a minor involved in a fatal car crash, considering his youth.
He has, however, denied bail to defendants charged under the Maharashtra Control of Organised Crime Act (MCOCA), 1999.
In a separate matter, he reversed the acquittal of a sexual assault accused.
Throughout his career, Justice Manoj Jain has emphasised the need for courts to analyse individual circumstances of a case.
That said, he has yet to decide on a case as sensitive and scrutinised as the CBI’s against Kejriwal. This factor may ultimately be why the court chose Justice Jain. He approaches the case without a strong, public ideological association. He also has no prior connection to the politically charged excise scam case.
His choice says little about the direction the case will take. How Justice Jain chooses to analyse the evidence against Kejriwal and his co-defendants, and how much deference he shows to the lower court’s previous acquittal, may ultimately be the deciding factors.
(Edited by Madhurita Goswami)
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