Kejriwal says he won’t get justice if same judge hears CBI plea against his release - ‘Was almost declared guilty’

Former Delhi Chief Minister Arvind Kejriwal has told Delhi High Court judge Swarana Kanta Sharma that if she hears the case against the Central Bureau of Investigation (CBI) plea against his release, he apprehends he would not get justice in the excise policy case. Arguing for his pllication seeking her to withdraw from the case, alleging bias, Arvind Kejriwal said that her earlier decision almost declared him guilty and corrupt. 

He argued that under the law on recusal, the question is not of a judge's integrity or uprightness, but of “reasonable bias” in the mind of the litigant [Arvind Kejriwal in this case].

He submitted that on the first day of the hearing on March 9, the court "neutralised" the discharge order, which was passed by the trial judge after day-to-day arguments of over three months, by passing a “sweeping, ex parte order” in haste in violation of principles of natural justice.

"I was shocked and I had some apprehension about whether the court is biased and will I get justice. What was the urgency for this? What was the need for this?" Kejriwal said during the hearing.

"I was almost declared guilty. I was almost declared corrupt. Kewal saza sunani baaki reh gayi thi (Only sentence was left to be pronounced)," he said.

"The court almost said (in Manish Sisodia's bail order that) all these guys are corrupt. They are 'maha corrupt'. Only three hearings and a conclusion was drawn that Manish was a very corrupt man," Kejriwal stated.

In February, the trial court had discharged Arvind Kejriwal, Manish Sisodia and 21 others as it also pulled up the CBI. During the hearing, the trial court said that the CBI case in excise policy ‘scam’ was wholly unable to survive judicial scrutiny. The CBI then filed a petition against their discharge.

A few days later, Justice Swarana Kanta Sharma issued notices to Kejriwal, Sisodia and 21 others on the CBI plea which stated that certain findings and observations of the court needed consideration.

She also stayed the trial court's recommendation on the initiation of departmental action against the CBI's investigating officer in the liquor policy case.

(With PTI inputs)