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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.