Kejriwal Argues Recusal Plea in Delhi HC in Excise Policy Case AAP chief appears in person before Justice Sharma's bench, demands judge step aside from liquor scam hearing

Kejriwal Reaches High Court

AAP national convenor and former Delhi Chief Minister Arvind Kejriwal arrived at the Delhi High Court on Monday morning, accompanied by his wife Sunita Kejriwal, to personally argue a recusal application against Justice Swarana Kanta Sharma in the excise policy case. Kejriwal filed an application calling for the recusal of Justice Swarana Kanta Sharma, requesting her not to hear the matter.

The development marks a rare instance of a former chief minister choosing to argue his own case in court.

What the Recusal Plea Says

The application has been filed by Kejriwal in person, and he argued the same himself before Justice Sharma. The petition contended that the refusal to transfer the case gives rise to a "grave, bona fide and reasonable apprehension" regarding the fairness and impartiality of the proceedings.

Kejriwal claimed that his apprehension was based on Justice Sharma's past conduct, saying that on the very first day of the CBI's revision petition against his discharge, she proceeded to record a prima facie view that the trial court's detailed order was "erroneous", even without hearing the other side.

The CBI's Position

Appearing for the CBI, Solicitor General Tushar Mehta submitted that all respondents had been duly served and argued that the case did not require detailed replies or rejoinders, stating that the High Court only needed to examine the trial court record and the discharge order.

The CBI has contended before the Delhi High Court that the discharge order was "perverse" and tantamount to an acquittal without trial, alleging that the policy was manipulated to benefit certain private liquor entities in exchange for alleged bribes.

Background of the Case

The trial court's order on February 27, 2026, discharged Kejriwal, Manish Sisodia, and 21 others, concluding that the CBI's material did not disclose even a prima facie case. The court had also severely criticised the agency's investigation.

On March 9, 2026, Justice Sharma issued notice in the CBI's appeal and observed that the trial court's order was "prima facie erroneous." She also stayed the trial court's directive for departmental action against the investigating officer.

Failed Bid for Bench Transfer

Kejriwal and others had written to Delhi High Court Chief Justice Devendra Upadhyaya requesting that the matter be transferred to another bench rather than the single bench of Justice Swarna Kanta Sharma. The HC declined the request.

The Chief Justice clarified that the matter had been assigned as per the roster and observed that any recusal decision must be taken by the concerned judge herself.

Supreme Court Also Approached

Kejriwal, Sisodia, and other accused have also approached the Supreme Court seeking transfer of the proceedings from Justice Sharma's bench. The petitions, filed under Article 32 of the Constitution, raise concerns over certain observations allegedly made by the judge during earlier hearings, particularly while dealing with bail applications in the same case.

Kejriwal also stated that Justice Sharma had earlier refused bail to many accused in the liquor policy case, and the Supreme Court had later granted them relief.

Political Stakes and What Comes Next

The case had become politically controversial, as Kejriwal was arrested and remanded to custody amid the 2024 Lok Sabha elections. He was later granted bail by the Supreme Court after 156 days of custody. AAP leader Manish Sisodia also spent 530 days in custody in the case.

The Delhi High Court has also issued notice to Kejriwal on a separate ED plea challenging his acquittal in cases concerning alleged non-compliance with PMLA summons, with further hearings scheduled for April 29. Whether Justice Sharma decides to recuse herself or continues to preside over the matter will now set the course for all pending hearings in the excise policy case, which remains one of the most closely watched legal battles in Indian politics today.