Former CM Arvind Kejriwal outside the Delhi High Court on Monday. Photo | Sayantan Ghosh, EPS
Delhi

Delhi excise policy case: Arvind Kejriwal becomes own HC lawyer

Appearing for the investigative agency, Solicitor General Tushar Mehta opposed Kejriwal’s petition, accusing the former chief minister of “doing theatrics”.

Udayan Kishor

NEW DELHI: Former Chief Minister Arvind Kejriwal, in a rare in-person argument, on Monday urged Delhi High Court judge Justice Swarana Kanta Sharma to recuse herself from the excise policy case.

Justice Sharma issued a notice to CBI after Kejriwal informed the court that he would argue the recusal application himself. Appearing for the investigative agency, Solicitor General Tushar Mehta opposed Kejriwal’s petition, accusing the former chief minister of “doing theatrics”.

Mehta said that if the recusal application is rejected, “this (Kejriwal’s plea) will be contempt of court”.

The court was hearing the CBI petition challenging the discharge of Kejriwal, former deputy chief minister Manish Sisodia, and others in the liquor policy case. Justice Sharma took Kejriwal’s application for her recusal on record and listed it for hearing on April 13, while directing the CBI to file its reply by then.

The judge passed the order after being informed that an application for transfer of the case to another high court bench that was filed before the Supreme court has been withdrawn. During the hearing, Kejriwal appeared before the court and said, “Maine recusal application file kiya hai (I have filed a recusal application). This be taken on record.”

Mehta objected to Kejriwal’s submission and said “Court is not a forum for theatrics,” adding that Kejriwal should “discharge his lawyer if he wanted to appear in person in the case.”

To that, Kejriwal replied, “As per the HC procedure, a petitioner, in person, is not allowed to file the application. It can only be done on the orders of the court.”

The judge then asked the former CM if he would argue his case himself. 

“I will argue this case myself. I will avail my legal rights. As of now I have not issued my vakalatnama (letter of engagement to a lawyer) to anyone,” Kejriwal replied.

Mehta, meanwhile, opposed the recusal application and said Kejriwal’s allegations against the “institution” were frivolous and contemptuous.

“Some people in this country make a career out of making baseless allegations against everyone. That will have to be taken seriously. It is an allegation against the institution, and we will have to support that institution,” Mehta said.

He also informed that a total of seven discharged accused have filed applications seeking the judge’s recusal as part of a “well thought out design”.

The judge noted the submission and said, “If anyone else wants to file the application, please do it so that I can decide it once and for all.”

Justice Sharma also said that she would pass an order on whether to grant more time to Kejriwal and other accused persons to file their replies to the CBI’s plea.

Allgations against judge are contemptuous: Mehta

SG Tushar Mehta opposed Kejriwal’s recusal application and said the former CM’s allegations against the “institution” were frivolous and contemptuous. “Some people make a career out of making baseless allegations. That will have to be taken seriously,” he said.

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