A fresh twist has emerged in the ongoing Delhi liquor policy case as Arvind Kejriwal, the leader of the Aam Aadmi Party (AAP), has filed a new affidavit requesting the recusal of Justice Swarana Kanta Sharma from presiding over the trial. This plea comes on the grounds that the judge’s children have been associated with the Union Government in legal capacities.
Kejriwal’s affidavit highlights the empanelment of Justice Sharma’s son and daughter, Ishaan Sharma and Shambhavi Sharma, as counsels for the Centre. This development raises significant concerns for Kejriwal, especially as Solicitor General Tushar Mehta—who represents the Central Bureau of Investigation (CBI) in this matter—allocates cases to these empanelled counsel.
In his submission, Kejriwal emphasized the potential for bias, stating, “The very law officer and legal establishment representing the prosecuting side before this Hon’ble Court is also part of the institutional mechanism by which Central Government cases and Government work are allocated to the immediate family members of the Hon’ble Judge hearing the matter.” His argument posits that such familial ties create a conflict of interest that could compromise the fairness of the proceedings.
Empanelment generally refers to the selection of attorneys by governmental bodies or public sector organizations to represent their legal interests for a specified duration. Kejriwal contends that this situation leads to direct and serious apprehensions regarding impartiality, which cannot be overlooked.
As the case progresses, Kejriwal has also expressed frustration regarding the court’s handling of timelines, noting that he felt he did not receive adequate time to file a rebuttal. After seeking and obtaining permission from the court, Kejriwal exited the courtroom on Monday when the hearing extended beyond the standard hours, further complicating his ability to engage fully in the legal discourse.
This development adds yet another layer to an already contentious case, which has seen its fair share of political drama and public scrutiny. Kejriwal, a former Chief Minister of Delhi, has been embroiled in various legal battles concerning the liquor policy, a matter that has significant implications for governance and accountability in the capital.
The outcome of this plea for recusal will not only impact the proceedings of the case but could also have broader ramifications for perceptions of judicial independence and the intersection of law and politics in India.
