The Central Bureau of Investigation (CBI) has opposed a plea filed by Delhi Chief Minister Arvind Kejriwal seeking the recusal of Justice Swarana Kanta Sharma from hearing a case linked to the Delhi excise policy.

The plea alleged bias on the part of the judge, citing her participation in events organised by the Akhil Bharatiya Adhivakta Parishad (ABAP), a lawyers’ body believed to be affiliated with the RSS.

Responding through an affidavit, the CBI argued that merely attending such seminars cannot be a ground for recusal and does not indicate any ideological bias.

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.

The agency further described the allegations as “unscrupulous and sweeping”, asserting that they lack substance and are aimed at casting unwarranted aspersions on the judiciary.

Highlighting the broader implications, the CBI stated:
“If attending a function of Akhil Bhartiya Adhivakta Parishad shows ideological bias of any judge then large number of sitting High Court and Supreme Court judges would have to recuse from hearing any case where Politically Exposed Persons are accused,”

The agency also pointed out that the judge has previously passed orders both in favour of and against the accused, reflecting judicial impartiality.
The matter arises from the CBI’s challenge to a trial court order that discharged Kejriwal and others in the excise policy case. The Delhi High Court is expected to hear the recusal plea shortly.

This comes amid ongoing proceedings before the Delhi High Court onjudicial recusal in the liquor policy case