New Delhi | April 14, 2026 — In a dramatic showdown that has sent ripples through India’s legal corridors, the Delhi High Court has reserved its judgment on an extraordinary plea: former Chief Minister Arvind Kejriwal’s personal appeal for the recusal of Justice Swarana Kanta Sharma.
This is no routine procedural hurdle. It is a rare moment in Indian judicial history where a prominent political leader, having already been discharged by a trial court, stands before a High Court judge to argue that he does not expect a fair hearing.
The "Reasonable Apprehension": Kejriwal’s 10 Grounds
Arvind Kejriwal, choosing to argue his case in person rather than through counsel, presented a meticulously drafted set of ten grounds for his recusal application. His central thesis was not an attack on the judge’s integrity, but on the legal principle of perception.
"I am not questioning the integrity of the court, but I have a real and reasonable apprehension that I may not get a fair hearing," Kejriwal submitted.
Key highlights of his arguments include:
The Contrast of Timelines: Kejriwal pointed out that while the trial court took three months of day-to-day hearings to discharge him, the High Court effectively "neutralized" that order in a matter of minutes through an ex parte stay.
Pre-judged Findings: He argued that Justice Sharma’s previous orders—including the denial of bail to co-accused Manish Sisodia and BRS leader K. Kavitha—contained observations so strong they amounted to a "final finding" of guilt before his own trial had even concluded.
Ideological Affiliations: In a bold move, Kejriwal cited Justice Sharma’s attendance at events organized by the Akhil Bharatiya Adhivakta Parishad (ABAP), an organization he claimed is ideologically aligned with the RSS and BJP—the AAP's primary political rivals.
The Satyendar Jain Precedent: Kejriwal cleverly turned the table by citing a 2022 case where the Enforcement Directorate (ED) successfully sought the recusal of a judge hearing Satyendar Jain’s case based on "apprehension of bias." He argued that if the state could seek recusal on such grounds, a citizen should hold the same right.
The Prosecution’s Rebuttal: "Bench Hunting and Theatrics"
The Central Bureau of Investigation (CBI), represented by Solicitor General Tushar Mehta, did not mince words in its opposition. The state’s counter-argument focused on the "dangerous precedent" such a recusal would set.
Institutional Integrity: Mehta argued that allowing litigants to choose their benches based on "surmises and conjectures" would paralyze the judiciary.
"Juvenile" Allegations: The Solicitor General termed the plea "motivated and juvenile," suggesting that the AAP leader was engaging in "theatrics" to avoid a hearing on the merits of the CBI’s revision petition.
The Duty to Thwart: The CBI maintained that it is not just their right to oppose, but the "duty of the bench to thwart" any attempt to cast aspersions on the court without substantive evidence.
A Judge’s Reflection: "First Time in My Life"
The hearing concluded with a rare personal moment from the bench. Justice Swarana Kanta Sharma, while reserving her order, noted the gravity of the application.
"For the first time in my life, someone has asked me to recuse. I learnt a lot about recusal jurisprudence... I hope I will give a good judgment," she remarked, even complimenting Kejriwal on his legal arguments, suggesting he had the "potential to become a lawyer."
Why This Matters: The Editorial View
This case places the Delhi High Court at a crossroads of Constitutional Ethics. At its heart is the maxim: “Justice must not only be done but must also be seen to be done.” If the court allows the recusal, it risks opening the floodgates for "bench hunting" by powerful litigants. If it denies it, the "shadow of doubt" cast by a discharged individual may linger over the final verdict. As the nation awaits the written order, the 2026 Excise Case continues to be more than a legal battle—it is a litmus test for the independence and perceived neutrality of the Indian Judiciary.
Court Watch: Judgment Reserved. Next update expected upon the pronouncement of the formal order.
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