New High Court Bench to hear CBI plea against AAP leaders in Delhi excise policy case

The Delhi High Court Bench of Justice Manoj Jain will begin hearing on Tuesday the Central Bureau of Investigation’s (CBI) plea challenging a trial court ruling that discharged Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia, and others in the excise policy case.

The move comes after High Court judge Justice Swarana Kanta Sharma, who was earlier hearing the plea, directed its transfer to another Bench following criminal contempt proceedings initiated by her against Mr. Kejriwal, Mr. Sisodia, and other AAP leaders over “defamatory and vilifying” social media posts targeting her in connection with the case.

Separate Bench

A separate Division Bench comprising Justices Navin Chawla and Ravinder Dudeja is scheduled to hear the contempt proceedings against the AAP leaders on Tuesday.

Justice Sharma initiated the contempt case after she took exception to videos and social media posts alleging that she had spoken at a Rashtriya Swayamsevak Sangh event.

The court said the videos had been “selectively edited” to create a “misleading narrative”.

The court held that the statements made by AAP leaders on social media went beyond fair criticism of a judicial order and amounted to an “attack” on the integrity and independence of the judiciary.

Clarifying that she was not recusing herself from the matter, the judge said she had already delivered her judgment on the recusal plea and “stood by it”.

However, since criminal contempt proceedings had now been initiated, the main case could not continue before her Bench.

Mr. Kejriwal, Mr. Sisodia, and the other respondents had moved applications seeking Justice Sharma’s recusal from hearing the CBI’s plea, alleging conflict of interest and apprehension of bias.

After Justice Sharma declined to recuse herself, Mr. Kejriwal, Mr. Sisodia, and AAP leader Durgesh Pathak chose not to appear or be represented by lawyers in the proceedings.