Former Delhi Chief Minister and Aam Aadmi Party chief Arvind Kejriwal has refused to appear in the court of Delhi High Court Judge Swaran Kanta Sharma in the liquor excise policy scam case. After Judge Sharma rejected the plea of liquor scam accused Kejriwal to recuse himself from the case, he has taken this decision in the guise of a Mahatma Gandhi.
Kejriwal said in a letter to the judge that he had no confidence in getting justice in this court. “I have written to Justice Swarna Kant Sharma informing her that it is not possible for me to pursue this case in this court, either personally or through counsel, following the Gandhian principles of Satyagraha,” he wrote.
He further said, “I have come to the conclusion that the proceedings going on in this court do not live up to the basic principle of justice, which states that justice should not only be done, but should also be seen to be done.” Kejriwal also made it clear that he reserves the right to approach the Supreme Court against this decision.
Earlier, Justice Swarn Kanta Sharma had refused to recuse herself from the case, saying the judiciary is independent and does not work under any pressure. “My oath is to the Constitution. Justice does not bend under any pressure and I will decide this case without any bias,” she said in her order.
The court also said that there is a presumption of judicial impartiality, which can be challenged only on the basis of solid evidence, and Kejriwal’s petition did not find such evidence sufficient. The judge warned that such allegations without solid basis could create distrust in institutions.
Kejriwal, in his petition, had cited some reasons for apprehension of bias against the judge, including his involvement in some All India Advocates Council programs and issues related to family professional appointments, which were used to impeach Swarnakanta Sharma and impugn the impartiality of the court. However, many judges in the Advocates Council have been a part of speeches and debates as president in various programs. Relating this to the judge’s decisions is tantamount to pointing fingers at his discretion and capacity.
The case pertains to the Central Bureau of Investigation (CBI) challenging a lower court decision in which Kejriwal and others had earlier got relief. Taking cognizance of this, the High Court declared some of the findings prima facie flawed, after which the hearing of the case proceeded. Let us tell you that the money laundering case filed by ED against Arvind Kejriwal is pending in the same lower court, which has been kept pending till Swarnakanta Sharma’s court gives its verdict on CBI’s appeal.
Kejriwal is continuously trying to show this matter as politically motivated and is raising questions on the fairness of the process. His refusal to appear in court is evidence of his distrust of the judicial process. Let us tell you that the court can order former Chief Minister Kejriwal to appear in the court, for which the court has the power to issue bailable and non-bailable warrants.
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