Justice Swarna Kanta Sharma initiates contempt action against AAP leaders including Arvind Kejriwal

Delhi High Court judge Justice Swarna Kanta Sharma on Thursday (May 14) ordered initiation of criminal contempt proceedings against former Chief Minister Arvind Kejriwal and several senior Aam Aadmi Party (AAP) leaders. This action has been taken regarding the social media campaign, edited videos and objectionable comments against the court and the judge during the hearing of the Delhi Excise Policy case.

Apart from Arvind Kejriwal, the court has also included Manish Sisodia, Sanjay Singh, Saurabh Bhardwaj, Vinay Mishra and Durgesh Pathak in contempt proceedings in this case. Justice Sharma also made it clear that the main hearing of the excise policy case will now be conducted by the second bench of the Delhi High Court. He said that this decision has not been taken as a ‘recusal’ but under “judicial discipline”.

During the hearing, Justice Sharma made very strong remarks, saying, “Contempt of Court Arvind Kejriwal ran a defamation campaign. Instead of challenging the order before the SC, he dragged the order into social media. When the judge’s video is selectively edited, it shows ill intentions. He wanted to make fun of me. The message sent by the campaign of the contempt persons and especially Mr. Kejriwal was that if anyone If the judge does not live up to the expectations of political power, then if such behavior is not stopped and the judges are threatened, then justice will be affected.

The court said that any citizen has the right to criticize a judicial order, but in this case the limits of criticism were crossed. Justice Sharma said, “Such comments cannot be allowed under the guise of freedom of speech. Therefore, this court agrees that the actions of the contemnors amount to criminal contempt of court.”

The court also said that if there was disagreement with the order, the Supreme Court could have been approached, but instead a campaign was launched on social media. According to the court, “Not only he, but other members, spokespersons also repeated the allegations which the Court has already rejected. His tone and style were not a proper criticism of the judicial order. He ran a campaign. The social media campaign openly raised questions on the independence of this Court. Allegations were made against the political organizations and ideology of this Court.”

During the hearing, Justice Sharma clearly said, “Anyone can hear this case but only I could draw contempt. I have decided that action should be taken against such people who run such campaigns against the judiciary.”

The court expressed strong objection to the questions raised on social media regarding relations with BJP. Justice Sharma said, “When they asked what is the relationship of Justice Swarnakanta Sharma with BJP, my answer to them is that this is contempt of court.” He further said, “Publicly asking what connections a sitting HC judge has with any party is not a true criticism of judicial proceedings. It is contempt.”

The court also noted specially edited videos and clips of the college program which allegedly created a different narrative on social media. The court said that Kejriwal took to social media and distorted the facts in the name of freedom of expression.

The order comes following a public interest litigation (PIL) which alleged that Kejriwal and AAP leaders recorded unauthorized videos of court proceedings and circulated them on social media. However, Justice Sharma made it clear that the order rejecting Kejriwal’s recusal petition has not been withdrawn. But since he himself has initiated contempt proceedings, it would be appropriate to refer the main excise policy matter to another bench.

Solicitor General Tushar Mehta requested that the main case be heard by Justice Sharma, but the court said that as per the rules, the judge who has initiated the contempt proceedings cannot continue hearing the main case.

During the hearing, the court also indicated that separate orders may also be passed against some YouTubers and social media handles. Justice Sharma said, “We are in the process of collecting material.”

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