Justice Swarana Kanta Sharma Withdraws From Hearing Kejriwal Excise Case After Social Media Controversy

A major development took place on Thursday in the Delhi excise policy case after Delhi High Court judge Justice Swarana Kanta Sharma stepped away from hearing the matter involving former Delhi Chief Minister Arvind Kejriwal and several Aam Aadmi Party (AAP) leaders.

Justice Sharma announced that she would no longer hear the Central Bureau of Investigation's (CBI) appeal challenging the trial court order that had discharged Kejriwal and 22 others in the excise policy case.

The decision came after contempt proceedings were initiated against senior AAP leaders over allegedly defamatory and contemptuous social media posts targeting the judge.

Why The Judge Recused Herself

Justice Swarana Kanta Sharma explained that under the law, a judge who initiates contempt proceedings in connection with a matter cannot continue hearing the same case.

The contempt proceedings reportedly involve allegations against:

• Arvind Kejriwal
• Manish Sisodia
• Sanjay Singh
• Saurabh Bharadwaj
• Durgesh Pathak

The proceedings are linked to social media posts that were allegedly defamatory and contemptuous toward Justice Sharma.

"I Had To Stand Up For This Institution"

While announcing her recusal, Justice Sharma strongly defended the judiciary and said the institution must be protected.

She stated:

"I reiterate that I stand by the recusal order. I do not change a word. I had to stand up for this institution and I had."

The judge further clarified that the matter would now be transferred to another bench of the Delhi High Court.

"This case will be heard by any other bench and I will draw contempt proceedings because as per law the judge who draws contempt proceedings cannot hear the main case. Recusal stands as it is," she said.

Excise Policy Case Explained

The Delhi excise policy case has been one of the most politically sensitive investigations involving the Aam Aadmi Party leadership.

The case revolves around allegations of irregularities and corruption linked to Delhi's now-scrapped excise policy.

Investigating agencies, including the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), have alleged that the policy benefited certain liquor businesses and involved illegal financial gains.
AAP leaders have repeatedly denied all allegations and described the investigation as politically motivated.

Trial Court Had Earlier Discharged Kejriwal And Others

The current appeal before the Delhi High Court was filed by the CBI after a trial court discharged Arvind Kejriwal and 22 others in the case.

The CBI challenged that decision and sought further legal scrutiny before the High Court.
However, with Justice Sharma stepping aside, the matter will now be reassigned to another judge or bench for hearing.

Political And Legal Tensions Continue

The latest courtroom development adds another layer of tension to the already controversial excise policy case. The matter has remained at the centre of political confrontation between the BJP-led central government and the Aam Aadmi Party.

Several senior AAP leaders, including Manish Sisodia and Sanjay Singh, have faced investigations and arrests in connection with the larger excise policy controversy over the past few years.

Meanwhile, AAP leaders have consistently accused central agencies of targeting opposition politicians.

Social Media Posts Trigger Contempt Issue

The controversy surrounding the case intensified after allegedly objectionable social media posts targeting Justice Sharma surfaced online.

The court viewed the posts seriously and initiated contempt proceedings.

Legal experts note that contempt proceedings are considered serious because they involve allegations that actions or remarks may undermine the dignity or authority of the judiciary.

Justice Sharma's recusal now separates the contempt issue from the hearing of the main excise policy case.

Case To Be Heard By Another Bench

With the recusal order now in effect, the Delhi High Court will assign the matter to another bench for further hearing.

The next stage of the case is expected to focus on the CBI's challenge against the discharge order and the broader legal questions surrounding the excise policy investigation.

At the same time, separate contempt proceedings are likely to continue regarding the social media controversy involving AAP leaders. The development has once again brought the Delhi excise policy case back into national political and legal focus.