@barandbench: Former Delhi CM Arvind Kejriwa...

Former Delhi CM Arvind Kejriwal to appear in person today to argue his application seeking recusal of Justice Swarana Kanta Sharma in CBI’s Excise policy case.

Hearing is scheduled at 2:30PM.

@ArvindKejriwal @AamAadmiParty @CBIHeadquarters

Arvind Kejriwal reaches court.

Solicitor General Tushar Mehta, Additional Solicitors General SV Raju and DP Singh are present in Court. They will appear for the CBI.

Judge Sharma presides.

SG Tushar Mehta: We filed our reply.

Court: Mr Kejriwal you moved an application which you wanted to argue.

Court: He will argue on his own, he states he has not authorised any counsel. This court allows him to argue his case (recusal application).

Kejriwal addressing the court in Hindi.

Kejriwal: M aapka dhanyawad karna chahta hu.

Bench: hum to aapki sewa ke liye hi hain.

Kejriwal: M niji taur par aapki bohot izzat karta hu. Nyayalaya ki izzat karta hu.

Bench: The respect is mutual. We will just concentrate on this application. Nothing personal. I am here to cooperate with you. You can start your arguments.

Kejriwal: Main aaj ek accused ki tarah nhi khada hu. Mera discharge ho chuka hai.

Justice Sharma: Aap recusal pe argue kare. Let's concentrate on that.

Bench notes that a counsel is assisting Kejriwal.

Justice Sharma: Mr Jain (counsel). He says he has not authorised anyone. Proxy nahi karenge yaha aap. Dekhiye Mr Kejriwal aaj hum recusal sun rahe hain to aap seedha us par aa jaae.

Kejriwal: Madam mujhe 2 minute sun lijiye.

Bench: Sunaiye.

Kejriwal: 9 March ko jab is case ki sunwai hui to CBI ke alawa koi maujud nahi tha. Ex parte, bina kisi ki sunwai kiye, pina kisi ka reply liye is court ne order pass kiya ki prima facie the order is errorneous. Jo order tiral court n pura pura din sunwai kar ke order paas kiya tha 40,000 pages ke documents padh ke us order ko is court ne 5 minute ki sunwai ke baad erroneous declare kar diya.

Kejriwal: Jab 9 March ka order aaya to mera dil baith gaya. I had serious apprehensions about bias. Isliye maine Chief Justice ko letter likha. Chief Justice sahab ne reject kar diya. after receiving the Chief Justice's letter maine ye application file kari.

Kejriwal refers to a Supreme Court judgement on recusal of judges.

Kejriwal: This is Ranjith Thakur v Union of India... Unhone saaf saaf kaha hai ki judge ko ye nhi dekhna hai ki wo biased nhi but agar party ke man m shanka hai bias ki to there is a case for recusal. That is why i am here before you personally. Ek meri chhoti si baat hai ki mere mind m jo apprehension hai that is between me and the court. CBI should not be made a party in this case.

Kejriwal: I want to rely on Satyendar Jain v ED judgement of this court. Is case m bail ki sunwai chal rahi thi. 6 din ki sunwai ho chuki thi. Aakhri taarekh thi. Suddenly ED has an apprehension. District Judge allows it. The matter comes to this court and the HC allows it. us case aur mere case m kaafi similiarities hain. Us case me court n kaha tha question is not about uprightness of the judge but apprehension in the mind of the litigant. Mere case bhi same hi hai. Here also question is not about the uprightness of the judge.

Kejriwal: All that I am demanding is same parity as ED. Especially when my apprehension is on much stronger ground.

Court records Kejriwal's submissions.

Justice Sharma: Main aapki submissions saath saath likha deti hu.

Kejriwal: So the law is simple. It is not whether the judge is actually biased but whether litigant has an apprehension. M aapke saamne 10 reasons rakhunga ki mujhe apprehension kyu hain. Reason 1: What is reasonable apprehension?

Kejriwal refers to another judgement.

Kejriwal: Is court ke saamne 5 pehle cases aa chuke hain. Mera case aaya tha arrest ko. Sanjay Singh, K Kavitha and Aman Dhall ke bail applications aaye the. Unme is court n jo observations diye the, they amount to judgements.

Kejriwal: The Court was not required to give a final verdict on the reasons. It appears the court gave a final judgement on many of those points in just two hearing. Do hearings m final judgement kar diya gaya.

He refers to this recusal application.

He also refers to Justice Sharma's judgement where she upheld his arrest in excise policy case.

It was decided and a judgment given that the amount was used by AAP in Goa elections: Kejriwal.

He refers to another paragraph of the same judgement.

Kejriwal: Ek issue utha tha approver ka. Iske upar aapki finding hai... Ispe bhi ek final finding de di gayi thi. I was almost declared corrupt. I was almost declared guilty. Bas saza sunani reh gayi thi.

Bench: I don't want to comment. That's what you think.

Justice Sharma records Kejriwal's submissions again.

After judge finishes recording the submissions, Kejriwal continues arguing.

Kejriwal: The trial court has said there was no corruption, kickbacks, bribery. Koi Gao me paisa nhi le jaaya gaya. Jo recovery pe aapki finding hai uspe court ne likha hai...

Justice Sharma: Aapki submission kya hai? Kyunki trial court ne maine bola hai usko galat declare kiya hai...

Justice Sharma: Jis waqt maine faisla kiya us time is court (trial court) ka to faisla tha nahi. Uspe (trial court) ke order p ham tab jaaega jab wo decide karenge. Aaj ham sirf aapko recusal pe sun rahe hain.

Justice Sharma records another submission by Kejriwal.

Kejriwal refers to the trial court judgement.

Kejriwal: Trial court ne bola jis tarah CBI ne approvers banaye unka conduct was to prove a premeditated outcome. Finally the trial court discharged me completely with completely contrary findings to this court to isliye man me ek shanka hai.

Kejriwal: I will now come to Manish Sisodia's case (decided by Justice Sharma).

Kejriwal: he was declared guilty which was not necessary. There was one paragraph jaha pe kaha gaya ki ye saare log corrupt hai. Aesa laga ki hame sirf corrupt hi nahi maha corrupt declare kiya gaya.

Bench: Mr Jain aap unko (Kejriwal) ko assist kar rahe ho. Aap seedha mujhe hi assist kar do na... Wo bina aapke bohot accha argue kar rahe hain... Your litigant is arguing very well.

Kejriwal: is case me bas 3 hearing hui thi and a conclusion was drawn that Manish [Sisodia] is a very corrupt person. This case was set aside by the SC.

SG: It was not set aside.

Kejriwal: Trial court ne Manish Sisodia ko puri tarah nirdosh paya. This shows that this court is totally committed to facts. To ab question ye hai ki kya is stage pe aa ke ye court badal paaega?

Court records Kejriwal's submissions.

Kejriwal: CBI ka pura case sirf approver statements pe hai. 9 March ke order me aapne agar un statements pe question khada kar diya to practically you have rejected the entire trial court order.

Kejriwal: 5-10 minute ki hearing m trial court order jo 3 maheene ki hearing ke baad aaya tha... Aapki jo finding approvers ke baare me, jab mera case aapke saamne aaya tha, aapne bola tha ki approver ke statements addmissible hain. Yha 5 minute ki sunwai ke baad aapne bola ki trial court ki findings approvers statements erroneous hain. That was the most concerning thing for me. It shows that the court still strongly sticks to its earlier findings.

Kejriwal: us din [March 9] aapke saamne trial court ka record bhi nhi tha.

Kejriwal: What was the need or urgency [for this order]? Uski wajah se ek shanka paida hui.

Bench: Ye toh aap question nai kar skte ki kya need thi. Ye aap mujhe mat batao maine order kaise likha ye aap Supreme Court ko bataoge.

Kejriwal: In the March 9 ko ED ke favour m order pass kar diya. The Court was very generous to ED. The order was passed without following the principles of natural justice.

Kejriwal: Iske bohot heavy consequences hain ki aaj bhi main ED case me accused hu. Ek message ye gaya janta me ki ED ki proceedings ko pending rakho ki hum is discharge order ko set aside kar ke waapas bhej rahe hain. ye message gaya logo me.

Bench: Log kaun hain? Aap accused hi to ho.

Kejriwal: Trial court ke remarks were not against CBI. They were against the CBI Investigating Officer. He is not a party. He has not petitioned the court. CBI has come. CBI ke kehne pe IO ki proceedings ko rok dena bohot gehri shanka paida karta hai.

Kejriwal: There is an order of SC that says that no order of discharge should be stayed except in exceptional circumstances. Hame bina sune the order was partly stayed. In my view this is violation of the SC order. So it appears that most of the trial court order is mostly neutralised by the march 9 order.

Kejriwal: Aapne apne order [March 9 order] me ye bhi likha that there was advance service hui thi, but we did not appear. In March 16, you have written we chose not to appear. Madam isse takleef hui. ye case 4 saal se chal raha hai aur hum aapke saamne hain. The language used by this court also indicated a bias.

Kejriwal: Reason no 6. We have analysed the way criminal revision petitions have been dealt with by this case. The speed at which this case is going and another case is going is speed se koi aur case nhi chal raha. ye dono case sabse prominent opposition political parties ke hain.

Justice Sharma: To aap political bias bhi bol rahe hain?

Kejriwal refers to one case where he says the Court gave three months time.

Kejriwal: Our right to reply was closed.

Bench: Abhi kaha koi right close hui hai?

Kejriwal: madam 10 april ka time diya tha.

Bench: Haan to nhi file karoge to close to hoga hi.

Justice Sharma objections to disturbance in Court.

Justice Sharma: I will write that you are vitiating these proceedings... Don't stare at me.

The Bench records his submissions.

Kejriwal: Reason 8: Ek trend observe karne ko mil raha hai ki every single averment of CBI and ED has been endorsed.

Bench: Endorsed nahi upheld.

Kejriwal: Every prayer has been turned into a judgement.

Bench: This argument i don't understand.

Kejriwal: jab bhi wo argu karte hai to usko accept kar liya jaata hai aur order unke favour me pass hota hai.

Kejriwal: CBI aur ED ne bola ye sab corrupt hain to court ne bola ye corrupt hain.

He refers to the March 9 order against.

Kejriwal: 27 Feb ko trial court ka order aaya. 4 ghante me CBI ne is court m appeal file kar di this. 500 page se zyada ki judgment hain. Court ne ek ek charge ko examine kiya hai aur fir detailed finding di hai. CBI ki appeal m kisi bhi finding ko le ke koi finding nhi hai. Is appeal ko pehle din hi dismiss kar dena chahiye tha. Wo defective hai. Us defective petition pe ek sweeping order paas kiya gaya.

Kejriwal: Last week meri pehli apperance this is court ke saamne. Us din kaafi log chilla raha the ki hame reply ka time dijiye.

Bench: Chilla nhi rahe the, plead kar rahe the. Chillaega kyu koi?

Kejriwal: SG TUshar Mehta ji ne bola ki ek week ka time aur de dijiye aur ek week ka time de diya gaya.

Court records the submission.

Kejriwal: Ma'am shouting ko pleading kar dijiye. M to pehli baar aaya hu is court me, main nervous hu.

Kejriwal: Ek sangathan hain Akhil Bharatiya Adhivakta Parisdha. Unke event ko your honour (the judge presiding) 4 baar attend kar ke aai thi. Unki jo ideology hain ham uske sakht khilaaf hain aur khul ke khilaaf hain. Ye case political hai.

Kejriwal: If your honour is attending the programme of a particular ideology, then ek mere mind me apprehension paida hota hai.

Bench: Ki main us ideology ko follow karti hu?

Kejriwal: Aapke 4 baar jaane se mere mind m apprehension paida hota hai ki will I get justice.

Court records the submissions.

Bench: There was one question. Aapne apne application m programme ka link nhi diya hai. I had a question that when i went to that programme had i made an ideological statement or a political statement or was it a legal programme.

Kejriwal: The mere fact you attended the programme gives rise to an apprehension.

Kejriwal: Abhi thode din pehle Home Minister Amit Shah ne ek statement diya ki HC se jo judgement aaega uske baad Kejriwal ko SC jaana padega.

SG objection.
SG: There is no pleading to that effect.

Bench: Mr Mehta, I will deal with it.

Bench: What control I have over what someone says?

Bench records that there was no pleading to that effect but Kejriwal made the statement at bar.

Kejriwal: Abhi kuchh dino se social media pe ek mudda chal raha hai ki ek old tradition hai ki judges ke near and dear ones.

SG: Statement are being made that are not part of the pleading.

Kejriwal: Ek old tradition thi ki judges ke near or dear ones agar kisi party se related hote the to wo judges us case se recuse kar jaate the.

Bench records the submission.

Kejriwal concludes.

Bench: I will take a two minute break.

Hearing resumes.

Senior Advocate Sanjay Hegde begins his submissions.

Hegde is also appearing for one of the applicants who have filed for Justice Sharma's recusal.

Hegde is appearing for Manish Sisodia.

Kejriwal asks court's permission to leave.

Bench: You argued very well. Aap vakeel bhi ban sakte hain.

Kejriwal: Thank you mam. Main khush hu jo abhi kar raha hu.

Hegde (in a lighter vein): I would say, please don't add to the competition.