Delhi HC Rejects Arvind Kejriwal’s Plea to Transfer Excise Policy Case
Highlights of the case:
Transfer Request Denied: The Chief Justice of the Delhi High Court, Justice Devendra Kumar Upadhyaya, has officially declined a request by Delhi Chief Minister Arvind Kejriwal to move the Excise Policy case from Justice Swarana Kanta Sharma’s bench to another judge.
Apprehension of Bias: In a letter dated March 11, Kejriwal expressed concerns regarding the "impartiality and neutrality" of the proceedings. He argued that continuing the hearing under the current bench might affect the perception of fairness, citing previous orders that he felt lacked a clear legal basis for the interim relief granted to the CBI.
The Core Dispute: The controversy stems from a February 27 Trial Court order that discharged Kejriwal and 22 others in the Delhi Excise Policy case. The CBI challenged this discharge in the High Court, and the revision petition was assigned to Justice Swarana Kanta Sharma.
Chief Justice’s Ruling: Chief Justice Upadhyaya clarified that the case was assigned according to the standing "roster" of the court. He stated that there were no valid administrative grounds to transfer the petition and noted that any decision regarding "recusal" (a judge stepping down from a case) must be made by the presiding judge herself, not through an administrative order.
Points of Contention Raised by Kejriwal:
Urgency and Interim Relief: Kejriwal criticized an order from March 9 where the High Court stayed departmental proceedings against a CBI officer and deferred PMLA (money laundering) proceedings. He argued these were "extraordinary steps" taken at an early stage without hearing the discharged accused.
Previous Rulings: The Chief Minister pointed out that several prior judgments by Justice Sharma in related matters had been set aside or modified by the Supreme Court, which he claimed strengthened his apprehension regarding the current approach to the case.
Procedural Speed: The defense raised concerns over the "sense of urgency" shown by the court, noting that typically, more time (4-5 weeks) is given to file responses in such significant revision petitions.
Current Status: Despite the objections, the High Court has maintained its stance on judicial assignment. The CBI’s challenge against the discharge of Arvind Kejriwal will continue to be heard by Justice Swarana Kanta Sharma.
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