HC Judge refuses to recuse from hearing matter relating to excise policy case, rejects Kejriwal's petition
A judge of the Delhi High Court has refused to recuse herself from hearing matters related to the excise policy case, rejecting petitions filed by Aam Aadmi Party (AAP) leaders, including party convenor Arvind Kejriwal.
Justice Swarana Kanta Sharma on Monday dismissed applications seeking her withdrawal from proceedings linked to the case, including one in which the Central Bureau of Investigation (CBI) has challenged aspects of bail and related relief granted in connection with the matter.
During more than an hour of proceedings, the judge said litigants cannot be permitted to question a judge’s conduct without evidence, adding that courts cannot step aside based on “unfounded apprehensions” of bias.
“No litigant can be permitted to decide a judge without any material on record,” Justice Sharma was quoted as saying. “A judge cannot recuse herself merely to dispel speculative fears of bias.”
She further said allegations of prejudice must be based on substantive material and not assumptions, warning that targeting an individual judge amounts to undermining the judiciary as an institution.
The court noted that the pleas seeking recusal were based on “speculation and alleged bias,” and rejected them.
The AAP leaders had sought the judge’s recusal on the grounds that she had earlier declined relief in a petition challenging Kejriwal’s arrest and had also rejected bail pleas of other accused in the excise policy case, including former deputy chief minister Manish Sisodia and BRS leader K. Kavitha.
Along with Kejriwal, AAP leaders Sisodia and Durgesh Pathak had also filed applications seeking the judge’s withdrawal from the case, all of which were dismissed.
The excise policy case involves allegations of irregularities in the framing and implementation of Delhi’s now-scrapped liquor policy.








