“Hope of getting justice broken”: Arvind Kejriwal writes to Justice Swarana Kanta Sharma of the Delhi High Court, refuses to appear in court

Arvind Kejriwal, chief of the Aam Aadmi Party, has written to Justice Swarana Kanta Sharma saying he will not appear in the excise policy case—either in person or through legal representation—opting instead for protest.

In his letter, Kejriwal said his “hope of getting justice” from the judge had been “broken,” and announced he would follow the path of Mahatma Gandhi through Satyagraha. He described the decision as personal and guided by his conscience.

The move comes after the Delhi High Court dismissed his plea seeking Justice Sharma’s recusal from the case. Kejriwal had cited a perceived conflict of interest, pointing to the empanelment of the judge’s children as Central government counsel, arguing it raised reasonable apprehension of bias.

What the court said

Rejecting the plea, Justice Sharma held that a litigant’s perception alone cannot justify recusal. She said “mere apprehension” of not getting relief is insufficient grounds for a judge to step aside.

In a strongly worded order, she warned that recusal in such circumstances would send the wrong signal, suggesting institutions could be “bent, shaken and changed.” She emphasized that judges are bound by the discipline of their office and cannot withdraw based on unsubstantiated doubts.

The judge also noted that the recusal request lacked evidence and instead relied on “aspersions, insinuations and doubts” about her integrity.

Background of the case

The controversy is linked to alleged irregularities in Delhi’s excise policy. The case reached the High Court after a trial court discharged Kejriwal and 22 others, saying the Central Bureau of Investigation had not established grounds for trial.

The CBI challenged that ruling in the High Court. During earlier proceedings, Justice Sharma stayed directions for departmental action against a CBI officer and termed parts of the trial court’s observations as “prima facie misconceived.”

Kejriwal had also raised concerns over the judge’s participation in events linked to the Akhil Bharatiya Adhivakta Parishad, alleging ideological bias—claims the court rejected while refusing to recuse.