Attending RSS Seminar doesn’t prove bias: CBI in Kejriwal plea for Justice Swarna Kanta Recusal

The Central Bureau of Investigation (CBI) filed an affidavit before the Delhi High Court on Wednesday opposing the applications filed by Arvind Kejriwal, Manish Sisodia and four others seeking the recusal of Justice Swarana Kanta Sharma in the Delhi excise policy case.

In its affidavit, the agency refuted the assertion that Justice Sharma is ideologically associated with Akhil Bharatiya Adhivakta Parishad (ABAP), the legal wing of the Rashtriya Swayamsevak Sangh (RSS)

Merely attending the seminar organised by ABAP is not an indicator of any ideological bias, the agency contended.

As per the affidavit, accusing a judge of bias solely because the judge attended non-political legal seminars is unfounded and amounts to an attempt to undermine the authority of the court and interfere with the administration of justice, potentially constituting contempt of court.

"If attending a function of Akhil Bhartiya Adhivakta Parishad shows ideological bias of any judge then large number of sitting High Court and Supreme Cburt judges would have to recuse from hearing any case where Politically Exposed Persons are accused," the central agency said.

The agency also pointed out that Justice Sharma has granted favourable orders to persons named in the excise policy case as well.

It also objected to allegations that Justice Sharma is hearing the case in a hasty manner.

According to the CBI, the Supreme Court has mandated that the cases against Members of Parliament (MP) and Members of Legislative Assemblies (MLAs) are to be dealt with expeditiously and following the apex court's directions cannot be termed as bias.

As an example, the CBI cited the case against Lalu Yadav and his family members, which is also being heard by Justice Sharma. The probe agency said that in this case, the Court has held 27 hearings in less than three months.

Further, the CBI also stated that there is no error in the High Court giving prima facie observations over the trial court and staying the trial court proceedings in the money laundering case related to excise policy.

Notably, Kejriwal, Sisodia, Durgesh Pathak, Vijay Nair, Arun Pillai and Chanpreet Singh Rayat have filed the applications for Justice Sharma's recusal.

Kejriwal had appeared before the High Court in person on April 6 and made certain submissions on his plea. He added that he will argue his recusal application himself.

The case is listed for hearing next on April 13.