Justice Swarana Kanta Sharma of the Delhi High Court on Thursday recused herself from hearing the excise policy-related matter involving senior Aam Aadmi Party leaders after initiating criminal contempt proceedings against former Delhi Chief Minister Arvind Kejriwal and four other party leaders.
The judge stated that another bench would hear the excise policy case in order to avoid any apprehension of bias after the contempt proceedings were initiated. During the hearing, Justice Sharma observed that if she continued hearing the matter, the parties involved could later allege that she held a personal grudge against them.
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The contempt proceedings were initiated over statements and social media posts allegedly targeting the judge. Apart from Kejriwal, proceedings were also initiated against AAP leaders Manish Sisodia, Sanjay Singh, Saurabh Bharadwaj, Durgesh Pathak and Vinay Mishra.
Justice Sharma strongly defended her earlier order rejecting the recusal pleas filed by AAP leaders. She remarked that she “would not change a single word” of that order and added that she had stood up both for herself and for the institution.
The judge further stated that attempts were allegedly made to damage her reputation instead of pursuing legal remedies after she declined to recuse herself earlier. She observed that deliberate attempts to lower the authority of the court could not be permitted under the guise of free speech.
Kejriwal had earlier alleged a conflict of interest, claiming that Justice Sharma’s children were panel counsels for the Central government. The judge noted that the criticism extended beyond courtroom proceedings and that her family members were also targeted on social media platforms.
Justice Sharma clarified that under legal principles, a judge who initiates contempt proceedings cannot continue hearing the main matter. The case will now be placed before the Chief Justice for reassignment to another bench.
