Delhi High Court asks Police to remove videos of Arvind Kejriwal arguing before Justice Swarana Kanta Sharma

The Delhi High Court has asked the Delhi Police to remove unauthorised video recordings of Arvind Kejriwal arguing before Justice Swarana Kanta Sharma in the excise policy case.

An official at the High Court confirmed the development to the Bar & Bench and said that unauthorised recording of court proceedings is not permitted.

The Delhi High Court's rules on online hearings prohibit recording and publishing videos of court proceedings.

The official added that action is being taken against “everyone on all social media platforms” who have recorded and put such videos online.

The official also said that the High Court has taken similar steps in the past and that Kejriwal's video is one of the videos the High Court has taken cognisance of.

"We have taken steps. It [Kejriwal video] is one of the videos. In the past also we have taken action, and whenever such instances come to our knowledge, we write to them [law enforcement agencies] to take action," the official said.

Kejriwal had appeared in person before the Delhi High Court on April 13 and argued his application seeking recusal of Justice Sharma from the Delhi excise policy case.

He had argued for over an hour. Soon after the hearing, videos of his arguing before the Court went viral on social media.

After Kejriwal, Solicitor General Tushar Mehta addressed the Court and opposed Kejriwal's application.

The excise policy case arose in 2022 when the CBI registered a First Information Report (FIR) alleging that the Delhi Excise Policy of 2021-22 was manipulated to facilitate monopolisation and cartelisation of liquor trade in Delhi.

The CBI case was registered on a complaint made by Lieutenant Governor VK Saxena on July 20, 2022. 

The probe agency said that the Aam Aadmi Party (AAP) and its leaders received kickbacks from liquor manufacturers due to manipulation of the policy. The Enforcement Directorate (ED) also later registered a case under the Prevention of Money Laundering Act (PMLA) in the matter.

A trial court had on February 27 discharged Kejriwal and 22 other accused in the case and closed the case after finding that there was no case made out against any of the accused persons.

CBI challenged the order before the Delhi High Court and the same is currently being heard by Justice Sharma.

On March 9, Justice Sharma issued notice in the matter and stayed the trial court direction for department proceedings against the CBI officer who investigated the case.

Justice Sharma also returned a prima facie finding that some of the observations made by the trial court in its order were erroneous.

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

They claimed Justice Sharma's previous orders and the manner in which the case is being conducted reveal bias on her part and she should recuse from hearing the matter.

They also highlighted how Justice Sharma had attended an event hosted by Akhil Bharatiya Adhivakta Parishad (ABAP), the legal wing of the Rashtriya Swayamsevak Sangh (RSS).

The CBI opposed the plea and has refuted the allegations that Judge Sharma is ideologically associated with ABAP.

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

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