Expressing complete no-confidence in Justice Swarn Kanta, Aam Aadmi Party chief Arvind Kejriwal has decided not to appear before the High Court in the Delhi Excise Policy case. In a letter to Justice Swarn Kanta, Kejriwal made it clear that he will not appear before him personally or through his lawyer. He said that he had decided to follow the path of Satyagraha of Mahatma Gandhi.
“My hope of getting justice from Justice Swarn Kanta ji has been dashed. Therefore, I have decided to follow the path of Gandhiji’s Satyagraha. I have taken this decision after listening to the voice of my conscience,” Kejriwal said in the letter. He further said, “I reserve the right to approach the Supreme Court to appeal against their decision.”
The incident occurred after the Delhi High Court rejected Justice Swarn Kanta’s plea for his removal in the excise policy case. The Aam Aadmi Party chief had alleged conflict of interest in the appointment of judges’ children as central government lawyers and argued that it gave rise to apprehensions of bias.
The Delhi High Court held that the allegations were based on conjecture and failed to meet the legal standard of reasonable apprehension of bias. Starting with sharp remarks, the Court emphasized that “the Court cannot become a theater of assumptions” and warned that even a powerful political figure cannot be allowed to make allegations against a sitting judge without solid evidence. The court said the same standard of impartiality applies to allegations made against the judiciary and warned that considering such arguments would damage institutional credibility.
Justice Sharma said the petitioners’ case was based on “hints and allegations” rather than evidence, and accepting such arguments would set a dangerous precedent. The Court commented that a judge cannot be asked to recuse from a case merely because the plaintiff fears an adverse outcome, and added that “justice cannot be governed by perception.”
Later, the court also directed removal of all social media links related to the April 13 proceedings before Justice Swarn Kanta Sharma on a petition filed by Arvind Kejriwal.
