AAP convener Arvind Kejriwal on Wednesday filed a further affidavit earlier than the Delhi High Court searching for the recusal of Justice Swarn Kanta Sharma from listening to the CBI’s revision petition within the excise coverage case, inserting on report particulars of the empanelment of the judge’s son and daughter as Union Government counsel.
The contemporary affidavit comes after a listening to on April 13, when Justice Sharma had reserved orders on functions moved by Kejriwal and different accused searching for her recusal. During that listening to, Kejriwal, showing in individual, had referred to materials within the public area concerning the skilled affiliation of the judge’s children with the Centre and argued that established judicial apply required recusal in such circumstances.
In his further affidavit, Kejriwal said that subsequent data confirmed that each the judge’s children have been a part of the Centre’ panel system. According to the submitting, her son is a Group A panel counsel for the Supreme Court, whereas her daughter is empanelled as a Group C panel counsel.
He submitted that work is allotted to such panel counsel via the institutional mechanism operated by central legislation officers, together with Solicitor General Tushar Mehta, who’s showing for the CBI within the current case opposing the discharge of the accused.
Referring to materials obtainable on the web site of the Ministry of Law and Justice, the affidavit states that whereas the Attorney General selects circumstances for private look, different issues are assigned by the Solicitor General to Additional Solicitors General and panel counsel. On this foundation, Kejriwal has argued that the identical authorized institution representing the prosecuting company can also be concerned in allocating authorities work to the speedy relations of the choose listening to the case.
“The very law officer and legal establishment representing the prosecuting side before this Hon’ble Court is also part of the institutional mechanism by which Union Government cases and government work are allocated to the immediate family members of the judge hearing the matter,” the affidavit learn.
Kejriwal additional relied on RTI materials to underline the extent of such allocations. “A total of 2,487 cases were marked to the son of the judge in 2023, 1,784 cases in 2024 and 1,633 cases in 2025,” the affidavit learn, including that this displays a seamless and substantial skilled engagement with the Centre.
He contended that within the context of a felony prosecution by the CBI, the place senior legislation officers have been showing towards him, these circumstances gave rise to a “direct and serious appearance of conflict of interest”. The affidavit stated the political context of the case additional intensified the apprehension.
Kejriwal, nonetheless, clarified that he was not alleging precise bias or attributing any improper motive to the courtroom, however had argued that the authorized customary rests on whether or not there existed an actual and cheap apprehension concerning the looks of judicial independence and neutrality. The affidavit additionally raises issues concerning the conduct of the April 13 listening to. Kejriwal has said that arguments on behalf of the CBI continued until after 6:15 pm and proceedings went on past 7 pm, however he was not granted a chance to organize and advance rejoinder submissions regardless of showing in individual. He has sought time to deal with the courtroom additional and requested that the extra materials be taken on report.
