The Delhi High Court on Monday asked the Central Bureau of Investigation (CBI) to respond to former Delhi Chief Minister Arvind Kejriwal's plea seeking the judge's recusal in the excise policy case..Justice Swarana Kanta Sharma was hearing CBI's appeal against trial court order discharging Kejriwal and other accused in the case. When the matter was taken up today, Kejriwal appeared in person and told the Court that he has filed an application seeking recusal of Justice Sharma.Solicitor General (SG) Tushar Mehta, appearing for CBI, took strong objection to the application filed by Kejriwal. The SG further cautioned that if the application is rejected, contempt of court action would lie against the person filing it. "If anyone else wants to join [in filing the recusal], they can be given one week, and they should appear together. If your lordships are pleased to allow the recusal application, pleadings must be completed. In case recusal applications are to be rejected, this will be contempt of court," he said.The judge said that she will hear the plea and issued notice. She also said that if anyone else wants to seek recusal, they can do so and the same will be heard together with Kejriwal's plea.The case was then posted for further consideration on April 13..Notably, Kejriwal had earlier requested Delhi High Court Chief Justice Devendra Kumar Upadhyaya to assign the case to a judge other than Justice Sharma. He expressed apprehension that if the matter stays with Justice Sharma, the "matter may not receive a hearing marked by impartiality and neutrality". However, Chief Justice Upadhyaya had rejected the request. "The petition is assigned to the Hon'ble judge as per the current roster. Any call of recusal has to be taken by the Hon'ble judge. I, however, do not find any reason to transfer the petition by passing an order on the administrative side," the Chief Justice had said. .A trial court had on February 27 discharged Kejriwal and 22 other accused in the excise policy case. CBI challenged the order 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. She further directed the trial court to defer the PMLA proceedings (which are based on CBI's FIR). .When the matter was taken up for hearing today, Kejriwal appeared in person and said that he has filed a recusal application."Maine recusal application file kiya hai (I have filed a recusal application). This be taken on record," he submitted.Solicitor General Tushar Mehta, appearing for CBI, said that the court is not a forum for theatrics."In the last hearing, the court was informed that they have filed an SLP and an order challenging the Chief Justice's rejection to list the matter before another judge. I predicted that it will be kept in defects. Some people in the country make a career out of making allegations. This is for the first time that this respondent has made baseless allegations against this august institution. It’s not only frivolous and vaxatious, it’s contemptuous also. It is an allegation against the institution, and we will have to support the institution. One of the respondents who is present here [Kejriwal]. He is also represented by an advocate. If Mr Kejriwal wants to appear personally, I have no objection. But then he will have to continue to appear personally. He cannot come once in the court for pure theatrics and thereafter let his lawyer argue. This forum is not for theatrics," he argued."As per the High Court procedure, a petitioner in person is not allowed to file the application. It can only be done on the orders of the court," Kejriwal contended. "I will issue notice," the Court said. .Arvind Kejriwal reaches Delhi HC to argue recusal of Justice Swarana Kanta Sharma: LIVE UPDATES.The Court proceeded to ask Kejriwal whether he will argue the case himself"I will argue this case myself. I will avail my legal rights. As of now, I have not issued my vakalatnama to anyone," Kejriwal replied.The Court then took the application on record."Advance notice of this application was received by the other side. Let them file a reply by tomorrow," the Court directed."This is something very serious that has happened in the capital of this country. I saying let it be listed at the earliest," SG Mehta said.The matter will be heard next on April 13 at 2.30 pm..[Read Live Coverage]
