Today, a fresh twist has emerged in the high-profile Delhi excise policy litigation, with former Chief Minister Arvind Kejriwal formally requesting the Chief Justice of the Delhi High Court to transfer the case away from Justice Swarana Kanta Sharma. In a letter addressed to Chief Justice Devendra Kumar Upadhyaya, Kejriwal raised concerns over the fairness of the ongoing proceedings, arguing that the matter should be placed before another Bench to ensure a hearing that is demonstrably impartial.
The request comes after a trial court recently discharged Arvind Kejriwal and several other accused in the excise policy case, a decision that was subsequently challenged by the Central Bureau of Investigation before the Delhi High Court. The revision petition was taken up by Justice Swarana Kanta Sharma, who issued notice in the matter and passed interim directions, including staying the trial court’s directive for departmental proceedings against the investigating officer and asking the trial court to defer proceedings under the Prevention of Money Laundering Act that were linked to the same investigation. The letter contended that the manner in which these interim steps were taken, particularly at the threshold stage and without hearing the discharged accused, has given rise to apprehensions about the neutrality of the process.
Arvind Kejriwal argued that it did not explain the basis on which urgent interference with the discharge order was warranted. The letter states that “the matter may not receive a hearing marked by impartiality and neutrality” if it continues before the same Bench. He further pointed out that directions affecting related proceedings were issued even though the Enforcement Directorate was not a party before the Court, adding that such broad interim relief at an early stage “materially fortifies the applicant’s reasonable apprehension” regarding the neutrality of the proceedings.
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