Kejriwal Argues His Plea For Justice Swarana Kanta Sharma's Recusal : Live Updates From Delhi High Court | Liquor Policy Case

Court records counsel’s submission that a lot of things are being said on social media which is affecting his mental health.

Farasat concludes.

Counsel for Durgesh Pathak: There is not a single allegation in my application against the judiciary. The only question of bias, in mind of applicant and general public.

Farasat: A recusal in a criminal matter stands on a constitutionally sensitive position. My liberty is at stake. The threshold will be slightly more higher.

Farasat: March 9 order, there is a determination made. Your ladyship did not have the material. Possibly it can lead to apprehension that the view taken earlier is flowing in the order.

Farasat: The SC says taking a view on factual record is a far more stronger ground for recusal.

Farasat: For us as counsel its a matter. For the person, its his life. In this case the court has taken a view. Having taken that view, the question arises the persons who have suffered, is it possible to take a completely opposite view? The views which this court has taken is exact opposite of what discharge court has taken, on same factual record.

Farasat: The discharge order is peculiar. If the entire case has been disbelieved, i need not argue specifically vis a vis my case. My submission is recusal is very peculiar jurisdiction. For the first time we as legally trained minds are asked not to view the matter from our own lens.

Hegde concludes.

Senior Advocate Shadan Farasat appears for Vijay Nair.

Court asks Farasat to skip arguments which are common.

Hegde: In addition to perception of court and well as litigant, public perception must also be borne.

Court: Whatever i wrote on orders when i read everybody’s applications, there is a common thread that i have already given strong observations and thus i will not be able to decide this. Second argument is that since trial court has held otherwise, i must see those. But what difference it is going to make as far as recusal is concerned. Most important focus is that you are apprehending that i will not be able to give relief. And then i think these are the only grounds and that i have given elaborate decisions. For that i don’t have to go to trial court order. I only have to comment on your apprehension. I think for recusal i have to focus on reasonable apprehension.