Justice Swarana Kanta Sharma Transfers Excise Policy Case, Says She Can't Hear Matter After Initiating Contempt Against AAP Leaders

Delhi High Court's Justice Swarana Kanta Sharma on Thursday (May 14) refused to hear liquor policy case saying that since she has initiated criminal contempt proceedings against former Chief Minister Arvind Kejriwal and five other AAP leaders, she cannot continue to hear CBI's challenge against their discharge.

Justice Sharma said that a judge drawing contempt proceedings cannot hear the main case.

Thus, the matter will be transferred to another bench, subject to orders of Chief Justice.

Justice Sharma however said that she stands by her order wherein she had dismissed the recusal applications moved by the AAP leaders.

She said, "I stand by my recusal order. I wont change a single word...I have stood up for this institution and for myself".

The judge added, "Because, under the law, a judge who draws contempt proceedings cannot hear the main case... The recusal stands as it is, but I will send this case to another court. I will list this matter before the Chief Justice so that case can be heard by another judge."

Apart from Kejriwal, Justice Sharma has initiated contempt against AAP leaders Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra and Saurabh Bharadwaj.

Kejriwal had alleged conflict of interest on part of Justice Sharma on the ground that her children are Central government panel counsel. As per the judge, the allegations were not confined to the Courtroom, and her family was dragged onto the social media.

Solicitor General Tushar Mehta today said there are many young lawyers, who are sons and daughters of judges, who associate themselves with his offices.

"I have never accepted any brief in such court. Because counsel appearing is someone who is practicing with me. So I refuse to take the brief. Your children are not working in my office. We cant have a narrative building exercise...Message is being sent to every judge that we will stigmatise you. This institution is strong enough. We cant lose our civility."

He said that a SOP will be framed to deal with such litigants. "There have to be some guidelines," he said.

Mehta further urged Justice Sharma to continue hearing the matter. However, the Judge said judicial discipline demands that the matter be transferred to another bench.

Thereafter, Mehta said he is confident that wherever the matter goes, the discharge order will not sustain.