Delhi High Court Takes On Record Arvind Kejriwal's Affidavit On Empanelment Of Justice SK Sharma's Children As Govt Counsel

The Delhi High Court on Thursday (April 16) agreed to take on record an affidavit filed by Aam Aadmi Party Chief Arvind Kejriwal alleging bias on part of Justice Swarna Kanta Sharma, on the ground that her children are Central government panel counsel.

Kejriwal appeared in person via VC and requested that the affidavit be taken on record. He has sought Justice Sharma's recusal from hearing CBI's plea against his discharge in the liquor policy case.

Solicitor General Tushar Mehta appearing for the CBI submitted that the agency has filed a response in relation to the fresh affidavit.

“We are taking it on record. Registry will take it on record. Please file it through electronic mode,” the Court said, adding that the matter has already been reserved and was not being reopened.

Kejriwal stated that Justice Sharma's children are allotted work by the Solicitor General of India, who appeared for the CBI before Justice Sharma. This, according to him, created a reasonable apprehension of bias on the part of Justice Sharma, requiring her recusal from hearing CBI's plea against the discharge in the liquor policy case.

It may be recalled that on April 13, Justice Sharma had reserved orders on the applications filed by Kejriwal and other accused, seeking her recusal from hearing the revision petition filed by the Central Bureau of Investigation challenging the discharge of all the accused in the liquor policy case.

During the hearing, Kejriwal, who argued the matter himself, had orally submitted that there was a social media discussion regarding the professional association of Justice Sharma's children with the Central Government. Kejriwal had submitted that as per established traditions, judges recused if their kin had associations with any of the parties appearing in the matter.

After the conclusion of the hearing, Kejriwal filed the fresh affidavit, stating that he got records showing the empanelment of Justice Sharma's children as Central Government Counsel. While her son is a Group A panel counsel for the Supreme Court, her daughter is a Group C Panel Counsel.

Kejriwal said that since the Solicitor General of India, Tushar Mehta, is appearing for CBI opposing his discharge before Justice Sharma, the same gives rise to a direct and serious appearance of conflict of interest. He contended that the Solicitor General should have disclosed this association on the first date of the hearing itself.