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Delhi Excise Case: Delhi High Court judge Justice Swarana Kanta Sharma stepped away from the hearing of the Delhi liquor case, following the initiation of criminal contempt proceedings against AAP leaders: Kejriwal, Manish Sisodia, Durgesh Pathak, Sanjay Singh, Saurabh Bhardwaj and others over their alleged "vilifying" social media posts against her. She transferred the case to another judge.

In an X post, Kejriwal said, "Truth has triumphed. Gandhi ji's Satyagraha has triumphed once again."

Kejriwal Sought To Destroy My Reputation: Justice Sharma

Justice Sharma said the former Delhi chief minister "orchestrated a calculated campaign" of vilification against her on social media instead of pursuing his legal remedies and clarified that the CBI's petition against the discharge of all accused persons would now be taken up by another bench.

ALSO READ: Delhi HC To Appoint Lawyers As Amici Curiae To Represent Kejriwal, Sisodia After Recusal Row; What's Next

The judge took exception to several social media posts by the proposed contemnors that attributed "political allegiance" to her and allegedly targeted her by posting a misleading "edited" video of a speech given by her at an educational institution in Varanasi.

"Arvind Kejriwal sought to destroy my reputation instead of availing legal remedies after I refused to recuse, and a deliberate attempt to lower the court's authority can't be permitted in the guise of free speech," Justice Sharma said. She clarified that she was not recusing herself but was only transferring the case to another bench as she had initiated the contempt proceedings.

ALSO READ: Delhi Excise Policy Case: After Arvind Kejriwal, Sisodia Refuses To Pursue Case Before HC Judge

What Is The Entire Matter?

The entire matter stemmed from the stand of AAP leaders Arvind Kejriwal, Manish Sisodia, Durgesh Pathak and others against Justice Sharma. They refused to participate in the proceedings in the ongoing liquor excise case being heard by Justice Sharma of the Delhi High Court, levelling serious allegations against her. Kejriwal reiterated two grounds against the judge: First, the issue of the judge's alleged public association with the RSS's legal front, the Akhil Bharatiya Adhivakta Parishad (ABAP) and second her children's engagement on multiple advocates' panels of the Union government.

Kejriwal wrote to Delhi High Court Justice Sharma, saying he will not appear in the excise case personally or through a lawyer before her. Pointing to a "grave miscarriage of justice", Kejriwal, in a four-page letter, said he has "serious and unreconciled" concerns regarding the matter. Kejriwal later posted a video message on X, in which he said that his fight is "not about winning or losing, but about right and wrong".

Timeline Of The Issue

- On April 23, the Delhi High Court sought the stand of Kejriwal, Sisodia and Sanjay Singh, Congress leader Digvijay Singh and others on a PIL seeking contempt action against them for allegedly uploading and sharing clips of the court hearing on the former chief minister's plea seeking recusal of Justice Sharma in the liquor policy case.

- On April 20, Justice Swarana Kanta Sharma refused to recuse herself from hearing the liquor-policy case, saying a litigant cannot be allowed to judge a judge without any material, and judges cannot recuse themselves to satisfy a litigant's unfounded apprehension of bias.

- On April 13, Justice Sharma took on record Kejriwal's application seeking her recusal.

- On March 15, High Court Chief Justice DK Upadhyaya declined Kejriwal's request to transfer the CBI plea to another judge, prompting the AAP leader to approach the Supreme Court.

- On March 11, Kejriwal, along with other accused in the excise policy case, urged the Chief Justice of Delhi High Court to transfer CBI's plea against their discharge in the case by the trial court from Justice Sharma to another judge.

- On March 9, Justice Sharma's bench stayed the trial court's recommendation on the initiation of departmental action against the CBI's investigating officer in the liquor policy case. Issuing notice to all 23 accused on CBI's plea against their discharge, Justice Sharma said certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.

- On February 27, the trial court discharged Kejriwal, Sisodia and 21 others, pulling up the CBI by saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.

(With PTI Inputs)


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