New Delhi: “Some people in this country make a career out of making baseless allegations”, Solicitor General Tushar Mehta said Monday in a packed Delhi High Court hearing the CBI’s review petition of the liquor policy case against AAP chief Arvind Kejriwal. His remark was aimed at Kejriwal, who was present in the court.
Mehta’s remark was a counter to Arvind Kejriwal’s application, which demanded Justice Swarna Kanta Sharma recuse herself from hearing the CBI’s appeal against the trial court order discharging Kejriwal and 22 others in the liquor policy case.
In his appeal for the judge’s recusal, Kejriwal has said he has doubts over her impartiality. Justice Sharma has delivered verdicts in the past relating to AAP leaders and others in the same case. She has denied bail applications of Kejriwal, co-accused Manish Sisodia, BRS leader K. Kavitha and businessman Amandeep Singh Dhall.
Referring to Kejriwal’s plea to address the court himself on the recusal, Mehta said, “one of the respondents, who is present here, also has a lawyer”, essentially asking Kejriwal to either argue the case himself or let the lawyer speak.
“I have no difficulty if he argues in person. But he will have to discharge his lawyer and say he will argue his case in person. This forum is not for theatrics,” Mehta said.
Kejriwal explained he was personally in court since under Delhi High Court rules, a petitioner-in-person is not allowed to e-file an application.
He also clarified that he would be arguing the recusal application himself, while the rest of the case would be argued by his lawyer.
“I will avail my legal rights. Right now I have not issued my vakalatnama (document that authorises an advocate to represent a client in court) to anyone,” he said.
Justice Sharma issued a notice to the CBI on the recusal application, giving the agency time till Tuesday. She also asked all respondents who want to file a recusal plea to do so.
Last week, Justice Sharma gave respondents the last opportunity to file their replies on CBI’s revision plea challenging the trial court order. That matter will be heard on 22 April.
Earlier, Kejriwal had written to Delhi High Court Chief Justice D. K. Upadhyaya (the master of the case roster) to assign his case to an “impartial” bench; other than Justice Sharma. This request was denied, with CJ Upadhyaya saying: “The petition is assigned to the Hon’ble judge as per the current roster. Any call of recusal has to be taken by the Hon’ble judge. I, however, do not find any reason to transfer the petition by passing an order on the administrative side.”
After this, Kejriwal filed an application requesting Justice Sharma to recuse herself from hearing CBI’s appeal against the trial court’s discharge of the accused in the excise policy case.
(Edited by Viny Mishra)
Also read: CBI case against Kejriwal & Sisodia falls flat. What agency alleged in Delhi excise policy case