VOOZH about

The Indian Express

⇱ Delhi High Court judge opts out of Arvind Kejriwal excise case after initiating contempt | Legal News - The Indian Express


Justice Swarana Kanta Sharma of the Delhi High Court initiated criminal contempt proceedings Thursday against AAP national convenor Arvind Kejriwal, his deputy Manish Sisodia, former AAP MLAs Durgesh Pathak and Vinay Mishra, Rajya Sabha AAP MP Sanjay Singh, AAP’s Delhi unit chief Saurabh Bharadwaj, and two social media users for making posts against the judge which were “calculated to scandalise the court” hearing pleas related to the Delhi excise policy case.

Additionally, Justice Sharma transferred the main matter — the CBI’s revision plea and ED’s plea seeking expungement of adverse remarks  by the trial court against the agency – out of her court. The matter will be referred to the Chief Justice who will assign it to a different bench.

In a post on X after the order, Kejriwal said, “Truth has triumphed. Gandhiji’s Satyagraha has triumphed once again.” In a statement to the press, the AAP said the judge’s decision not to hear the matter vindicated the stand taken by its leadership from the very beginning.

Justice Sharma said she wanted to initiate criminal contempt proceedings against the AAP leaders owing to the attacks made against her and the institution.

Accusing them of running a “calculated campaign of vilification in the digital space directed not only against this judge but the entire institution of judiciary and its adjudicatory processes”, as well as against her family members, Justice Sharma made it clear that the transfer of the main matter should not be read as her recusal from the hearing.

Kejriwal, Sisodia, Pathak and three others had sought her recusal from hearing the CBI’s revision plea challenging the discharge of the 23 accused in the excise policy case – a demand the judge had rejected earlier.

“This court clarifies, however, that the present order should not be understood as this court transferring the matter merely because demands for recusal were made which were rejected by a detailed order which stands as on date,” Justice Sharma said.

The fresh contempt proceedings add to the AAP leaders’ legal troubles. Justice Sharma said the proceedings have been initiated as “not an outcome of anger but direct action of contemnors”.

“The narrative now will be that the recusal application which I had rejected earlier is now being accepted… For a judge who is being targeted… it’s a very lonely battle,” she said.

Observing that Kejriwal “wanted to sow seeds of distrust” by running a social media campaign against her, Justice Sharma said, “It was psychological coercion… I refuse to be intimidated.”