Delhi HC judge initiates contempt proceedings against Arvind Kejriwal, recuses from excise policy case

Justice Swarana Kanta Sharma on Thursday recused herself from hearing the CBI’s appeal against the discharge of former Delhi chief minister Arvind Kejriwal and 22 others in the excise policy case after initiating contempt proceedings over allegedly defamatory social media posts targeting her.

The judge said the law bars a judge who has initiated contempt proceedings in a matter from continuing to hear the main case.

“I reiterate that I stand by the recusal order. I do not change a word. I had to stand up for this institution and I had. This case will be heard by another bench and I will draw contempt proceedings because as per law the judge who draws contempt proceedings cannot hear the main case,” Justice Sharma said.

The contempt proceedings were initiated against Kejriwal, Manish Sisodia, Durgesh Pathak, Sanjay Singh and Saurabh Bharadwaj over social media posts allegedly questioning the judge’s integrity and impartiality.

Justice Sharma accused Kejriwal of orchestrating a “campaign of vilification” after she refused to recuse herself earlier. She said the AAP leader posted a letter on X announcing a boycott of court proceedings, following which party members and spokespersons amplified the message online.

“The tone, tenor and manner were not of fair criticism. The campaigns questioned the integrity, impartiality and ideological alignment of this court,” the judge observed, adding that it amounted to an attempt to lower the authority of the judiciary.

She also objected to posts allegedly circulating an edited video of her speech at an educational institution in Varanasi and attributing political motives to her.

“Arvind Kejriwal sought to destroy my reputation instead of availing legal remedies after I refused to recuse, and a deliberate attempt to lower the court’s authority cannot be permitted in the guise of free speech,” she said.

Appearing for the CBI, Tushar Mehta thanked Justice Sharma for “upholding the dignity of the institution.”