“Children represent Centre”: Arvind Kejriwal files fresh affidavit seeking Delhi High Court judge’s recusal

Former Delhi chief minister Arvind Kejriwal has filed an additional affidavit before the Delhi High Court, reiterating his plea seeking the recusal of Justice Swarana Kanta Sharma from hearing the Central Bureau of Investigation’s appeal in the excise policy case.

In the affidavit, filed a day after the judge reserved her order, Kejriwal argued that there is a “direct and serious” apprehension of bias, noting that Justice Sharma’s children are empanelled with the Centre and receive case assignments through the office of Solicitor General Tushar Mehta, who is representing the CBI and opposing the recusal plea.

Kejriwal stated that the overlap between the prosecuting side and the institutional mechanism allocating government legal work to the judge’s immediate family raises concerns of conflict of interest. He further claimed that this apprehension is heightened given the nature of the case, where the CBI is the prosecuting agency and top government law officers are appearing against him.

The affidavit also cited data on the volume of central government cases handled by the judge’s son, and raised procedural concerns, including the alleged denial of an opportunity to file rejoinder submissions, continuation of hearings beyond court hours, and passing of substantive orders while the recusal plea was still pending.

The case stems from the trial court’s February 27 order discharging Kejriwal, Manish Sisodia and others, which the CBI has challenged in the high court. Earlier, a plea to transfer the case was rejected by Chief Justice DK Upadhyaya, following which the recusal applications were filed.

Justice Sharma reserved her order on the recusal pleas after an extended hearing earlier this week.