@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.