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Politician can’t judge judges: Delhi HC rejects Kejriwal plea

  New Delhi, April 20: The Delhi High Court on Monday dismissed pleas by Arvind Kejriwal and other accused seeking recusal of…

Politician can’t judge judges: Delhi HC rejects Kejriwal plea

Dr. Justice Swarana Kanta Sharma

 

New Delhi, April 20: The Delhi High Court on Monday dismissed pleas by Arvind Kejriwal and other accused seeking recusal of Justice Swarana Kanta Sharma from hearing the excise policy case, holding that allegations of bias were unsupported and based on conjecture.

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‘Unfounded Allegations, No Proof of Bias’

Justice Sharma ruled that the applications lacked any concrete evidence and were built on “aspersions, insinuations and doubts” about her integrity. The court made it clear that mere apprehension of an unfavourable order cannot be grounds for recusal.

Rejecting the argument that her children’s empanelment as government counsel indicated bias, the judge said there was no nexus with the present case. “A litigant cannot dictate how a judge’s children live their professional lives,” she observed.

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Strong Remarks on Judicial Independence

In a sharp observation, the court said, “A politician cannot be permitted to judge judicial competence,” adding that a judge’s competence is assessed only by higher courts, not by litigants.

Justice Sharma cautioned that accepting such pleas would set a dangerous precedent, undermining judicial independence and giving the impression that courts can be influenced. “A judge cannot recuse to satisfy unfounded suspicions or manufactured allegations,” she said, terming personal attacks on judges as attacks on the institution itself.

The court also dismissed reliance on social media narratives and political statements, noting that judicial decisions are based on records, not public discourse or online campaigns.

The matter has now been listed for April 29 and 30 for further hearing on CBI submissions.

 

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Suman Shrivastava