Excise policy case: Delhi HC CJ refuses to transfer CBI plea against discharge of Kejriwal, others
New Delhi (PTI): The Chief Justice of Delhi High Court, D K Upadhyaya, has declined a request by former chief minister and AAP convenor Arvind Kejriwal and others to transfer CBI's plea against their discharge in the excise policy case from Justice Swarana Kanta Sharma to another judge.
According to sources privy to the development, Justice Upadhyaya opined that Justice Sharma was hearing CBI's petition against the trial court's decision in accordance with the roster, and there was no reason to pass an order of transfer on the administrative side.
A call for recusal has to be taken by the judge concerned, the chief justice clarified.
The CBI's petition is listed for hearing before Justice Swarana Kanta Sharma on Monday.
On March 11, Kejriwal, AAP leader Manish Sisodia, along with other accused in the excise policy case, made a representation to Chief Justice Upadhyaya to transfer CBI's plea against their discharge from Justice Sharma to another "impartial" judge.
In the representation, Kejriwal claimed he has a "grave, bona fide, and reasonable apprehension" that the hearing in the matter would not be impartial and neutral.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others and pulled up the CBI, saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
On March 9, Justice Sharma's bench stayed the trial court's recommendation on the initiation of departmental action against the CBI's investigating officer in the liquor policy case.
Issuing notice to all 23 accused on CBI's plea against their discharge, Justice Sharma said certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.
Kejriwal claimed in the representation that his apprehension was based on Justice Sharma's past conduct and said that on the very first day of the CBI's revision petition against his discharge, she proceeded to record a prima facie view that the trial court's detailed order was "erroneous", even without hearing the other side.
Justice Sharma, Kejriwal's representation contended, did not disclose any "specific perversity" when she stayed the trial court's directions against the CBI official.
He also objected to Justice Sharma's direction on deferring the trial proceedings in the connected ED case.
He submitted that Justice Sharma has decided multiple cases arising from the CBI FIR, including Kejriwal's petition against his arrest and bail applications by AAP leaders Manish Sisodia and Sanjay Singh as well as Telangana Jagruti president K Kavitha, and "not even once" given relief to any of the accused.
The representation added that Justice Sharma, while dealing with these earlier pleas, has already recorded "elaborate prima facie observations accepting the prosecution theory on critical questions".
It informed the chief justice that three of the judgements have been set aside by the Supreme Court and one has been referred to a larger bench.
In the representation, Kejriwal said the case against him was politically motivated and his request to transfer the pending matter to another judge was "not directed at any personal predilection, but at the objective test of reasonable apprehension in the mind of a fair-minded and informed litigant seeking justice".
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BJP writes to EC about 'non-deployment' of central forces to avert clash
Kolkata (PTI): The BJP on Sunday wrote to the Election Commission alleging that its workers were not given security and came under attack while travelling to attend Prime Minister Narendra Modi’s rally at Brigade Parade Ground on March 14 and sought action over the alleged non-deployment of central forces by police.
In a letter to the poll panel, BJP leader Shishir Bajoria claimed that buses carrying party workers to the rally were targeted with bricks in the Girish Park area of north Kolkata, leaving several activists injured, some of whom were hospitalised.
Trouble broke out in the area when BJP activists objected to the putting up of flexes which read 'Boycott BJP', before the house of state minister Shashi Panja and tore down the flexes. Heavy brick batting followed as both sides regrouped along Central Avenue, and the window panes on the ground-floor room of Panja's residence were damaged in stone pelting.
The minister claimed she and several of her party members were injured in the brickbatting by rally-bound BJP supporters.
In the letter, the BJP alleged that despite a substantial deployment of Central Armed Police Forces (CAPF) ahead of the elections, the forces were not present at the site of the disturbance to ensure the safety of its workers and leaders.
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Putting the onus on TMC for the violence, the letter said, "A large number of buses bringing BJP 'karyakartas' to attend the rally of Prime Minister Narendra Modi at Brigade Parade Ground were subjected to large-scale brick-batting and violence, resulting in several BJP leaders sustaining injuries, many of whom had to be hospitalised."
Attaching purported photos and videos of the clash to back up their claims of TMC instigation, the letter said: "What was particularly of grave concern was that despite a big deployment of CAPF well before the polls, their complete absence at the spot during the disturbance, or in any part of the city of Kolkata."
"We would like to put on record that the presence of Kolkata Police at the spot of disturbance establishes the fact that they had an advance intelligence report of possible violence and yet kept the CAPF out," the BJP leader said in the letter to the CEC Gyanesh Kumar, and Chief Electoral Officer, West Bengal, Manoj Kumar Agarwal.
"Given the seriousness of the incident and the injuries sustained by several of our karyakarta, it raises concerns among citizens regarding the effective deployment of CAPF for preventing violence, and ensuring a free and fair electoral environment," the letter said.
"We request your good office to kindly take the strongest possible action against those who were responsible for this non-deployment of CAPF, resulting in this incident and ensure that in future deployment is carried out in a manner that truly serves its intended purpose of area domination, confidence building, and timely intervention wherever law and order situations arises from now till the elections are over," the letter said.
The BJP also reminded the commission that a party delegation had earlier met the full bench of the poll body on March 9 and raised concerns that CAPF personnel were being deployed for route marches in peaceful areas and highways instead of in locations requiring voter confidence-building measures.
At least eight persons, including a police officer, were injured in brickbatting, which broke out half an hour before the arrival of the Prime Minister at the Brigade Rally. The clash continued for about an hour as both sides fought a pitched battle on the road and nearby by-lanes before reinforcements brought the situation under control.
