Spotlight this week: Delhi High Court Justice Swarana Kanta Sharma

Spotlight is a series where we shine the, well, spotlight on members of the legal fraternity who made the news over the past week.

Delhi High Court Justice Swarana Kanta Sharma found herself under the spotlight this past week after former Delhi Chief Minister Arvind Kejriwal wrote to Delhi High Court Chief Justice Devendra Kumar Upadhyaya requesting that the Excise Policy case be transferred from her to any other bench.

The Aam Aadmi Party (AAP) leader, who was discharged from the case by a trial court on February 27, requested that the Central Bureau of Investigation (CBI) appeal against the discharge order be heard by a different bench of the High Court. Kejriwal stated that there was a "reasonable apprehension that the matter may not receive a hearing marked by impartiality and neutrality" if it is heard by Justice Sharma.

Justice Sharma is no stranger to the spotlight.

In her nearly four years as a judge of the Delhi High Court, Justice Sharma has spent most of her time dealing with criminal cases, with brief stints on the civil side and the court’s original side jurisdiction as well as on Division Benches.

When she was elevated to the Delhi High Court in 2022, she sat on a Division Bench with Justice Najmi Waziri. But only three months later, she was moved to the criminal side as a single judge.

In September 2023, in addition to other criminal matters, Justice Sharma was assigned the roster dealing with criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). She held this roster until July 2024, when she moved to the civil side. In January 2025, Justice Sharma returned to the criminal roster and on January 5, 2026, she was once again given the additional responsibility of dealing with cases against MPs and MLAs.

By virtue of the roster handed to her over the years, Justice Sharma has dealt with many high-profile cases. The developments in each of these cases have been widely reported, dissected and criticised over the years.

In his letter to Chief Justice Devendra Kumar Upadhyaya, Kejriwal referred to the fact that Justice Sharma had previously handled several cases related to the Delhi Excise Policy case and had “expressed detailed prima facie views on the same nucleus of facts and roles”. 

Although on Sunday, Kejriwal's request was declined, the former Delhi CM has now moved the Supreme Court with a writ petition.

Delhi Excise Policy case

The 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 probe agency said that the AAP 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.

What followed was a series of arrests of opposition leaders, criticised by some quarters as being politically motivated. The leaders spent a considerable time in jail as the Rouse Avenue Court and the Delhi High Court denied them bail.

Petitions filed by Kejriwal and other political leaders including Manish Sisodia, Sanjay Singh and K Kavitha sought bail or challenged their arrest by the CBI or ED. At the Delhi High Court, these were considered by Justice Sharma, who denied them any relief.

Arvind Kejriwal: Kejriwal was arrested by the ED in this case on March 2, 2024. He was briefly allowed release on interim bail by the Supreme Court to campaign for the 2024 Lok Sabha polls before returning to prison on June 2. While he remained in custody in the ED case, the CBI also formally arrested him on June 26.

On April 9, 2024, Justice Sharma rejected Kejriwal's plea against his arrest by ED, opining that the material on record revealed that Kejriwal was actively involved in the concealment of proceeds of crime in the money laundering case connected to the excise policy case. Justice Sharma pronounced the judgment in both English and Hindi.

However, on July 12, the Supreme Court granted him interim bail in the ED case while referring larger questions of law on the Prevention of Money Laundering Act (PMLA) to a larger Bench. In September 2024, the Supreme Court granted Kejriwal bail in the CBI case as well.

Manish Sisodia: The former Deputy Chief Minister of Delhi was the first prominent AAP leader to be arrested in the case. He was taken into custody by the CBI on February 26, 2023 and then by the ED on March 9. He was unsuccessful in securing bail in two rounds of litigation. His second bail application before the Delhi High Court was dismissed by Justice Sharma on May 21, 2024. She opined that Sisodia's conduct amounted to "great betrayal of democratic principles".

He remained in jail until August 9, 2024, when the Supreme Court granted him bail in both the CBI and ED cases. In its order granting Sisodia bail, the Supreme Court also criticised High Courts and trial courts for "playing it safe" while routinely denying bail in criminal cases instead of treating the grant of bail as the norm.

Sanjay Singh: AAP Rajya Sabha MP Sanjay Singh was arrested by ED on October 4, 2023. Justice Sharma denied him bail in February 2024. Two months later, in April 2024, the Supreme Court granted him bail after the ED said that it had no objection if he is released. This, only after the Court warned that it may record observations in Singh's favour in its bail order.

K Kavitha: The Bharat Rashtra Samithi (BRS) leader was arrested by the ED on March 15, 2024 from Hyderabad. Subsequently, the CBI took her into custody on April 11. On July 1, Justice Sharma rejected her bail plea. On August 27, the Supreme Court granted her bail in both the CBI and ED cases.

In all cases, Justice Sharma recorded a prima facie finding that the allegations against the accused politicians were not without substance.

On February 27 this year, a trial court discharged Kejriwal and 22 other accused in the excise policy case. Special Judge (PC Act) Jitendra Singh delivered a 598-page judgment panning the CBI for procedural lapses, violation of constitutional principles and reliance on hearsay evidence.

The CBI subsequently challenged the trial court's 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's direction for departmental 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.

In his letter to Chief Justice Upadhyaya, Kejriwal said that Justice Sharma's March 9 order does not disclose any reasons as to what “perversity” warranted a stay order without hearing the other side. He added that Justice Sharma also issued a direction to the trial court to defer the PMLA proceedings even though the ED was not a party before the High Court. 

“That the grant of such wide and consequential relief— without the same being pleaded, and in a proceeding where the ED is not a party—at the threshold stage and without hearing the discharged accused, materially fortifies the applicant’s reasonable apprehension that the present revision may not be approached with the requisite degree of judicial detachment, and that the matter may not receive a hearing that is manifestly impartial, as required by settled principles governing apparent bias,” the letter stated. 

Other MP/MLA cases

Justice Sharma's stint on the MP/MLA case roster has not been confined to AAP leaders or the Excise Policy case.

Unnao Rape Case: In 2024, Justice Sharma refused to suspend the imprisonment of former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the case related to the custodial death of the father of the Unnao rape victim. Sengar was convicted in December 2019 for the rape of the minor victim as well as for the custodial death of the father. In the latter case, Sengar was sentenced to 10 years' imprisonment.

Sirsa defamation case: In January 2024, Justice Sharma refused to stay the proceedings before a trial court against BJP National Secretary Manjinder Singh Sirsa in a criminal defamation case filed by a former Delhi Sikh Gurdwara Management Committee (DSGMC) President Manjit Singh GK.

Naresh Balyan MCOCA case: Just a few days ago, Justice Sharma censured Delhi Police for its failure to complete the probe against AAP MLA Naresh Balyan in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA) . Justice Sharma said the investigation should have been expedited as Balyan has been in prison since 2024.

IRCTC case: Justice Sharma is currently seized of petitions filed by former Bihar Chief Ministers Lalu Prasad Yadav and Rabri Devi and former Bihar Deputy Chief Minister Tejashwi Yadav against a trial court order framing criminal charges against them in the alleged IRCTC scam case.

Other important cases

Jamia violence case: In 2023, Justice Sharma set aside an order discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the case related to the violence that took place at Jamia Millia Islamia in December 2019. The judge held that the protests organised at Jamia Millia Islamia was an unlawful assembly and that the mob gathered at the spot with the intention to violate the law. In her order, Justice Sharma said,

"...while there is no denial of the right to freedom of expression, this Court remains aware of its duty and has tried to decide the issue in that way. Right to peaceful assembly is subject to restriction. Damage to property and peace is not protected."

Justice Sharma did not merely set side the discharge order. She went on to frame charges against nine of the eleven accused including Imam, Tanha and Zargar for the offences of rioting and unlawful assembly.

However, Justice Sharma refused to expunge the remarks made by the trial court against the Delhi Police for filing an "ill-conceived" chargesheet.

Cases dealing with women's rights

Virginity tests on female detainees: Less than a year after she was elevated to the Bench of the Delhi High Court, Justice Sharma passed a judgment declaring that the 'virginity test' conducted on a female detainee or accused is unconstitutional and in violation of Article 21 of the Constitution. Justice Sharma said that the test brings forth the "undesirable and abhorrent notion of differentiation based on gender and stereotypes" and amounts not only to interference with the bodily integrity of a woman but also psychological integrity.

Abortion rights of rape survivors: In 2025, Justice Sharma issued a series of directions for dealing with victims of sexual assault seeking medical termination of pregnancy (MTP). The judge ordered that in all cases where a victim of rape/sexual assault is found to be pregnant, a comprehensive medical examination should be conducted without any delay.

Consent and right to privacy: Consent for sexual relations cannot be stretched to assume that the concerned person is also consenting to having their private moments recorded, misused and posted on social media, Justice Sharma observed held in a judgment passed in January 2025.

Unpaid domestic labour: Justice Sharma recently passed a judgment holding that unpaid domestic work performed by women must be recognised while deciding maintenance claims, observing that a spouse cannot be described as “idle” merely because she does not earn an income.

However, Justice Sharma has also taken a sympathetic view of the issues faced by men, with one judgment holding that men too are at times victims in marital relationships and are entitled to the same safeguards under the law as women.

“Just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law. To suggest otherwise would violate the very basic principles of equality and human dignity,” Justice Sharma's judgment stated.

Justice Sharma's background

Little information is available publicly about Justice Sharma's personal life. A lawyer practising before the Delhi High Court told Bar & Bench that Justice Sharma, who got divorced several years ago, has a son and a daughter, both of whom are lawyers practicing in Delhi.

Before turning to law, she graduated in BA (Hons) in English Literature from Delhi University. She acquired her LL.B. in 1991 and completed her LL.M. in 2004. She also holds a Diploma in Marketing Management, Advertising and Public Relations. In 2025, after four years of research, Justice Sharma was awarded a PhD for her doctoral thesis titled Achieving Constitutional Vision of Justice Through Judicial Education: A Comparative Study of the Best Practices in the UK, USA, Singapore, and Canada.

She became a magistrate at the age of 24 and a sessions judge on the day she turned 35. During her tenure in the Delhi district courts, she presided over various civil and criminal courts, including as Special Judge (CBI), Principal Judge of the Family Court, Motor Accident Claims Tribunal, Mahila Court and Special Court (Sexual Offences against Women).

Justice Sharma is also a trained mediator and has successfully settled many cases through mediation. In November 2019, she was appointed as Principal District and Sessions Judge (North District) and in March 2022, she took charge as Principal District and Sessions Judge-cum-Special Judge (CBI) at Rouse Avenue Court.

She was elevated as a permanent judge of the Delhi High Court on March 28, 2022.

Apart from delivering judgments, Justice Sharma has authored several non-fiction and fiction books.

The description of her first book, Don’t Break After Break-up, states that it is "sensitively written for people who are part of violent marriages, contemplating suicide, or dealing with heartbreak and deception in relationships".

Her second book, Beyond Baghban, explores the emotional and financial challenges faced by senior citizens.

Her third book, Tumhari Sakhi, seeks to raise awareness among women about their rights and the importance of speaking up against violence.

Her fictional book Love Full Circle tells the story of Nandini, a judge and author who rebuilds her life after escaping an abusive marriage. Devoted to her children and parents, Nandini distrusts men and avoids emotional ties. However, when an arrogant man enters her life, Nandini is forced to confront her fears and question whether love can be trusted again.

Her fifth book, Judicial Education – Achieving Constitutional Vision of Justice, is about the importance of judicial education in strengthening the justice delivery system and comes with a foreword from Chief Justice of India Surya Kant.