Kejriwal: Reason no 6. We have analysed the way criminal revision petitions have been dealt with by this case. The speed at which this case is going and another case is going is speed se koi aur case nhi chal raha. ye dono case sabse prominent opposition political parties ke hain.

Justice Sharma: To aap political bias bhi bol rahe hain?

Kejriwal: Aapne apne order [March 9 order] me ye bhi likha that there was advance service hui thi, but we did not appear. In March 16, you have written we chose not to appear. Madam isse takleef hui. ye case 4 saal se chal raha hai aur hum aapke saamne hain. The language used by this court also indicated a bias.

Kejriwal: There is an order of SC that says that no order of discharge should be stayed except in exceptional circumstances. Hame bina sune the order was partly stayed. In my view this is violation of the SC order. So it appears that most of the trial court order is mostly neutralised by the march 9 order.

Kejriwal: Trial court ke remarks were not against CBI. They were against the CBI Investigating Officer. He is not a party. He has not petitioned the court. CBI has come. CBI ke kehne pe IO ki proceedings ko rok dena bohot gehri shanka paida karta hai.

Kejriwal: Iske bohot heavy consequences hain ki aaj bhi main ED case me accused hu. Ek message ye gaya janta me ki ED ki proceedings ko pending rakho ki hum is discharge order ko set aside kar ke waapas bhej rahe hain. ye message gaya logo me.

Bench: Log kaun hain? Aap accused hi to ho.

Kejriwal: In the March 9 ko ED ke favour m order pass kar diya. The Court was very generous to ED. The order was passed without following the principles of natural justice.

Kejriwal: Us din [March 9] aapke saamne trial court ka record bhi nhi tha. What was the need or urgency [for this order]? Uski wajah se ek shanka paida hui 

Bench: Ye toh aap question nai kar skte ki kya need thi. Ye aap mujhe mat batao maine order kaise likha ye aap Supreme Court ko bataoge 

Kejriwal: 5-10 minute ki hearing m trial court order jo 3 maheene ki hearing ke baad aaya tha... Aapki jo finding approvers ke baare me, jab mera case aapke saamne aaya tha, aapne bola tha ki approver ke statements addmissible hain. Yha 5 minute ki sunwai ke baad aapne bola ki trial court ki findings approvers statements erroneous hain. That was the most concerning thing for me. It shows that the court still strongly sticks to its earlier findings.

Kejriwal: CBI ka pura case sirf approver statements pe hai. 9 March ke order me aapne agar un statements pe question khada kar diya to practically you have rejected the entire trial court order.

Kejriwal: Trial court ne Manish Sisodia ko puri tarah nirdosh paya. This shows that this court is totally committed to facts. To ab question ye hai ki kya is stage pe aa ke ye court badal paaega?

Court records Kejriwal's submissions.

Kejriwal: is case me bas 3 hearing hui thi and a conclusion was drawn that Manish (Sisodia) is a very corrupt person (In this case, there were only three hearings, and a conclusion was drawn that Manish Sisodia is a very corrupt person). This case was set aside by the SC.

SG: It was not set aside.

Kejriwal: I will now come to Manish Sisodia's case

Kejriwal: The trial court has said there was no corruption, kickbacks, bribery. Koi Goa me paisa nhi le jaaya gaya. Jo recovery pe aapki finding hai uspe court ne likha hai...

Justice Sharma records Kejriwal's submissions again.

After judge finishes recording the submissions, Kejriwal continues arguing.

Kejriwal: Ek issue utha tha approver ka. Iske upar aapki finding hai... Ispe bhi ek final finding de di gayi thi. I was almost declared corrupt. I was almost declared guilty. Bas saza sunani reh gayi thi.

Bench: I don't want to comment. That's what you think.

He also refers to Justice Sharma's judgement where she upheld his arrest in excise policy case.

Kejriwal: It was decided and a judgment given that the amount was used by AAP in Goa elections.

He refers to another paragraph of the same judgment.

Kejriwal refers to the present recusal application.

Kejriwal: The Court was not required to give a final verdict on the reasons. It appears the court gave a final judgement on many of those points in just two hearing. Do hearings m final judgement kar diya gaya.

Kejriwal: Is court ke saamne 5 pehle cases aa chuke hain. Mera case aaya tha arrest ko. Sanjay Singh, K Kavitha and Aman Dhall ke bail applications aaye the. Unme is court n jo observations diye the, they amount to judgements.

Kejriwal refers to another judgement.

Kejriwal: So the law is simple. It is not whether the judge is actually biased but whether litigant has an apprehension. M aapke saamne 10 reasons rakhunga ki mujhe apprehension kyu hain. Reason 1: What is reasonable apprehension?

Court records Kejriwal's submissions.

Justice Sharma: Main aapki submissions saath saath likha deti hu.

Kejriwal: All that I am demanding is same parity as ED. Especially when my apprehension is on much stronger ground.

Kejriwal: I want to rely on Satyendar Jain v ED judgement of this court. Is case m bail ki sunwai chal rahi thi. 6 din ki sunwai ho chuki thi. Aakhri taarekh thi. Suddenly ED has an apprehension. District Judge allows it. The matter comes to this court and the HC allows it. us case aur mere case m kaafi similiarities hain. Us case me court n kaha tha question is not about uprightness of the judge but apprehension in the mind of the litigant. Mere case bhi same hi hai. Here also question is not about the uprightness of the judge.

Kejriwal refers to a Supreme Court judgement on recusal of judges.

Kejriwal: This is Ranjith Thakur v Union of India... Unhone saaf saaf kaha hai ki judge ko ye nhi dekhna hai ki wo biased nhi but agar party ke man m shanka hai bias ki to there is a case for recusal. That is why i am here before you personally. Ek meri chhoti si baat hai ki mere mind m jo apprehension hai that is between me and the court. CBI should not be made a party in this case.

Kejriwal: Jab 9 March ka order aaya to mera dil baith gaya. I had serious apprehensions about bias. Isliye maine Chief Justice ko letter likha. Chief Justice sahab ne reject kar diya. after receiving the Chief Justice's letter maine ye application file kari.

Kejriwal: 9 March ko jab is case ki sunwai hui to CBI ke alawa koi maujud nahi tha. Ex parte, bina kisi ki sunwai kiye, pina kisi ka reply liye is court ne order pass kiya ki prima facie the order is erroneous. Jo order tiral court n pura pura din sunwai kar ke order paas kiya tha 40,000 pages ke documents padh ke us order ko is court ne 5 minute ki sunwai ke baad erroneous declare kar diya.

Bench notes that a counsel is assisting Kejriwal.

Justice Sharma: Mr Jain. He says he has not authorised anyone. Proxy nahi karenge yaha aap. Dekhiye, Mr Kejriwal aaj hum recusal sun rahe hain to aap seedha us par aa jaae (You won’t argue by proxy here. Look, Mr. Kejriwal, today we are hearing the recusal matter, so please come straight to that.)

Kejriwal: Madam mujhe 2 minute sun lijiye

Bench: Sunaiye

Kejriwal: Main aaj ek accused ki tarah nhi khada hu. Mera discharge ho chuka hai 

Justice Sharma: Aap recusal pe argue kaiye. Let's concentrate on that.

Kejriwal: M niji taur par aapki bohot izzat karta hu. Nyayalaya ki izzat karta hu

Bench: The respect is mutual. We will just concentrate on this application. Nothing personal. I am here to cooperate with you. You can start your arguments.

Kejriwal is addressing the court in Hindi.

Kejriwal: M aapka dhanyawad karna chahta hu .

Bench: Hum to aapki sewa ke liye hi hain 

Picture Source :