Listen To This Post
New Delhi: Aam Aadmi Party (AAP) national convener Arvind Kejriwal has filed an additional affidavit before the Delhi High Court, reiterating his demand that Justice Swarn Kanta Sharma recuse herself from hearing the excise policy case involving him and other accused.
Fresh affidavit cites “new facts”
The development follows a tense and prolonged hearing earlier this week, during which Kejriwal—appearing in person—argued that there is a reasonable apprehension that Kejriwal has placed on record what he described as “subsequently discovered facts”, claiming they strengthen his earlier plea for recusal.
Focus on the judge’s family links to the government panel
The affidavit highlights that the judge’s son is empanelled as counsel for the Central Government, receiving case assignments through the official panel system overseen by senior law officers, including Tushar Mehta.
Kejriwal cited data to underline the extent of professional engagement:
- 2,487 cases in 2023
- 1,784 cases in 2024
- 1,633 cases in 2025
According to the affidavit, this indicates a “live, continuing and substantial” professional relationship with the government, raising concerns about a perceived conflict of interest.
No allegation of bias, but a question of perception
Importantly, Kejriwal clarified that he is not alleging actual bias, but argued that the legal test is whether a fair-minded litigant could reasonably apprehend that justice may not appear to be done.
He also pointed out that the prosecution in the case is being conducted by the Central Bureau of Investigation (CBI), with Union law officers appearing, while he remains a political opponent of the ruling establishment at the Centre.
Concerns over court proceedings
The affidavit also raises procedural concerns regarding the previous hearing. Kejriwal stated that:
- Proceedings continued beyond normal court hours after he had left
- The matter was concluded without allowing him to respond to the prosecution’s arguments
- Directions were passed in the main case while the recusal plea was still pending
These developments, he argued, further strengthened his apprehension about the matter continuing before the same Bench.
What lies ahead
Kejriwal has urged the court that, in the interest of justice and maintaining public confidence, the case should be heard by a different Bench. The Delhi High Court is now expected to consider the recusal request alongside the merits of the excise policy case, making it a closely watched legal and political development.
