Delhi High Court's Justice Swarana Kanta Sharma on Thursday refused to hear liquor policy case saying that since she has initiated criminal contempt proceedings against former Chief Minister Arvind Kejriwal and five other AAP leaders, she cannot continue to hear CBI's challenge against their discharge. Justice Sharma said that a judge drawing contempt proceedings cannot hear the main case.
Justice Swarana Kanta Sharma initiated contempt of court proceedings against Aam Aadmi Party (AAP) chief Arvind Kejriwal and other AAP leaders including Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra and Saurabh Bharadwaj for making defamatory and vilifying allegations against her on social media in connection with the excise policy case.
In light of the initiation of contempt case, the judge directed that the excise policy case be transferred to some other Bench since Kejriwal and Sisodia are accused in that case."It could be that if I keep hearing this (excise policy) case, Arvind Kejriwal and other people might think that I have a grudge against him. That is why I have thought that this particular case will be heard by some other bench," the judge ordered.
Justice Sharma clarified that the present order should not be understood as transfer of matter merely because such demands were made for her recusal by Kejriwal and others."This court has already rejected the demand for recusal. However, subsequent events (initiation of contempt) give rise to different issues. Therefore, let it be a reminder that you pay a personal price for constitutional courage," she said while ordering that the excise policy matter be posted before another bench.
Solicitor General (SG) Tushar Mehta urged the judge to continue hearing the matter."My first request would be that this court continue hearing the matter. Everyone must know that if i seek a recusal and if i cannot satisfy the judge, my remedy is to go to a higher forum. These unscrupulous litigants have chosen not to go to Supreme Court because they know they cannot successfully challenge this order," SG Mehta said.
He also dismissed allegations connecting the judges' children and the government.AAP leaders had alleged conflict of interest on the part of the judge since her children are panel lawyers for the Central government."I can say with a matter of proud that no politician has ever stooped this low that the entire institution is tarnished," he added."That is why I have decided to take (contempt) action," Justice Sharma replied.She also made it clear that even as she is refraining from hearing the excise policy case, she is not recalling her earlier judgment in which she had rejected Kejriwal's plea for her recusal.
Additional Solicitor General (ASG) SV Raju also requested the judge to continue hearing the excise policy case."It is the contempt matter that is precluded from being heard. My ladyship may not hear the contempt matter but the precedent is that my ladyship may hear the main matter," the ASG said. However, Justice Sharma turned down the request.The judge in that order said that a politician cannot be allowed to sow seeds of mistrust and that the application seeking her recusal amounted to putting the judiciary on trial.
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