Justice must be seen to be done: Kejriwal on refusal to appear in excise case before HC judge
New Delhi (PTI): Aam Aadmi Party chief Arvind Kejriwal has written to Delhi High Court Justice Swarana Kanta Sharma, saying he will not appear in the excise case personally or through a lawyer before her, the party said on Monday.
Pointing to a "grave miscarriage of justice", Kejriwal, in a four-page letter, said he has "serious and unreconciled" concerns regarding the matter.
"I have decided that I shall not participate in the further proceedings in this matter, either in person or through counsel. I do not take this step lightly," Kejriwal added.
In his letter, Kejriwal further said that "justice must not only be done, but must also be seen to be done".
"The principle that justice must not only be done, but must also be seen to be done, is among the most sacred assurances that a court gives to a citizen in a democracy," he said.
The assurance cannot be dishonoured by asking the citizen to ignore what "anyone can plainly see" in a case like this, he added in the letter.
The letter also invoked the principles of Satyagraha and the teachings of Mahatma Gandhi, with Kejriwal saying that his intent is "strengthening of judiciary and prevent its weakening".
He added that he has given the authority an opportunity to consider and correct what he perceived to be a grave miscarriage of justice.
His earlier plea seeking the recusal of Justice Sharma, which was rejected on April 20, was interpreted as a personal attack, the AAP chief claimed.
"After the said judgment, I am left with the painful and inescapable impression that what I had urged as a lawful plea of apprehension was received and answered as a personal attack upon Your Ladyship and as an assault on the institution itself.
"Those are not, with respect, answers to the case I had brought. They show me that my plea of apprehension has been judicially understood as a personal and institutional affront," he said in the letter.
The letter further noted the leader's belief that it was now "impossible to receive an impartial hearing" in Justice Sharma's court.
Kejriwal also reiterated two grounds cited earlier in his recusal plea.
"First, the issue of Your Ladyship's repeated public association with the RSS's legal front, the Akhil Bharatiya Adhivakta Parishad (ABAP) -- an organisation belonging to the ideological ecosystem of the ruling dispensation," he wrote, further pointing out that Justice Sharma's children "are professionally engaged on multiple advocates' panels of the Union government which happens to be the opposite party in this case".
Reflecting on his personal experience during the proceedings, the former Delhi chief minister expressed concern over the broader implications of his case on public trust in the judiciary, while he said he maintains respect for the institution.
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"When I appeared before Your Ladyship to argue my case, the question in my heart was simple: Will I get justice? Today, with the deepest respect, I must say that the same question has become graver and deeper in my conscience," he said.
This case has now become a matter of widespread public discussion. It is being discussed not merely in legal and political circles, but in homes across the country, the letter read.
Addressing potential criticism, Kejriwal clarified that his remarks should not be interpreted as opposition to the judiciary.
"As I write this, I am also cognisant of the fact that some might portray me as someone 'against' the judiciary. But how can that ever be the case when I have personally received relief from the judiciary, including orders of bail and the present discharge?
"Today, I walk free because of the judiciary. Let there exist no figment of imagination that my present stand is against the institution," he asserted.
Kejriwal further said his respect for the judiciary "remains intact" and he has "unwavering faith" in the Constitution of India.
"My objection is not to the institution of the High Court or the larger judicial system, but only to the continuance of this matter before Your Ladyship (Sharma) under a cloud of grave and unresolved questions and circumstances that have generated grave public doubt in your ability to dispense impartial justice," Kejriwal further wrote in the letter.
He also clarified that his "personal inability" is confined to just this matter.
"I shall continue to appear in matters where these serious and unreconciled concerns do not arise, including matters in which the solicitor general does not appear and matters unconnected with the Union government, the BJP or the RSS," the letter added.
He further said he has made the decision by listening to the voice of his conscience and that he is prepared to bear the consequences.
"I may prejudice my own legal interests. I understand that I may lose the opportunity to advance submissions before this Hon'ble Court and that adverse consequences in law may follow. I am prepared to bear those consequences," the AAP chief said.
He added that he will reserve the right to approach the Supreme Court to appeal against Justice Sharma's decision.
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Iran offers to reopen Strait of Hormuz if US lifts its blockade and the war ends: officials
Cairo (AP): Iran has offered to end its chokehold on the Strait of Hormuz in exchange for the US lifting its blockade on the country and an end to the war, while proposing that discussions on the larger question of its nuclear programme would come in a later phase, two regional officials said Monday.
US President Donald Trump seems unlikely to accept the offer, which was passed to the Americans by Pakistan and would leave unresolved the disagreements that led the US and Israel to go to war on February 28.
With a fragile ceasefire in place, the US and Iran are locked in a standoff over the strait, through which a fifth of the world's traded oil and gas passes in peacetime. The US blockade is designed to prevent Iran from selling its oil, depriving it of crucial revenue while also potentially creating a situation where Tehran has to shut off production because it has nowhere to store the oil.
The strait's closure, meanwhile, has put pressure on Trump, as oil and gasoline prices have skyrocketed ahead of crucial midterm elections, and it has pressured his Gulf allies, which use the waterway to export their oil and gas.
The closure has also had far-reaching effects throughout the world economy, raising the price of fertilizer, food and other basic goods.
The proposal would push off negotiations on Iran's nuclear programme to a later date. Trump said one of the major reasons he went to war was to deny Iran the ability to develop nuclear weapons.
The two officials, who had knowledge of the proposal, spoke on condition of anonymity to discuss the closed-door negotiations between Iranian and Pakistani officials this weekend. The Axios news outlet first reported Iran's proposal.
It came as Iran's foreign minister visited Russia, which has long been a key backer of Tehran. It's unclear what, if any, assistance Moscow might offer now.
Strait of Hormuz remains blocked
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Iran's ability to choke off traffic in the Strait of Hormuz, the narrow mouth of the Persian Gulf, has proved one of its biggest strategic advantages in a war that has often boiled down to which side can take more pain.
Oil prices have risen steadily since the war began and tankers full of crude became stranded in the Persian Gulf, unable to safely transit through the strait and reach global distribution points.
On Monday, the spot price of Brent crude, the international standard, was trading at around $108 per barrel, nearly 50 per cent higher than when the war began.
Iranian foreign minister holds talks as negotiations with US stall
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Trump last week indefinitely extended the ceasefire the US and Iran agreed to on April 7 that has largely halted fighting. But a permanent settlement remains elusive in the war that has killed thousands of people.
Iran's state-run IRNA news agency said Foreign Minister Abbas Araghchi landed in St. Petersburg on Monday morning ahead of a meeting with Russian President Vladimir Putin.
“It is a good opportunity for us to consult with our Russian friends about the developments that have occurred in relation to the war during this period and what is happening now,” Araghchi said in a video interview posted by IRNA.
It comes as Pakistan has been seeking to revive stalled talks between Iran and the US, and negotiations had been expected in Islamabad over the weekend. Instead, Trump called off a trip by his envoys and suggested the talks could take place by phone instead.
Over the weekend, Araghchi made two stops in Pakistan and a visit to Oman, which shares the strait with Iran. He also spoke by phone with counterparts in Qatar and Saudi Arabia on Sunday.
Iran wants to persuade Oman to support a mechanism to collect tolls from vessels passing through the strait, according to a regional official who spoke on condition of anonymity because he was not authorised to discuss the matter.
Oman's response wasn't immediately clear.
The official, who is involved in mediation efforts, also said Iran insisted on ending the US blockade before new talks and that Pakistan-led mediators are trying to bridge significant gaps between the countries.
Trump says Iran has offered a much better proposal
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Trump told journalists Saturday that after he called off a trip by his envoys to Pakistan, Iran sent a “much better” proposal.
He did not elaborate but stressed that one of his conditions is that Iran “will not have a nuclear weapon”.
Iran insists its programme is peaceful, but the US wants to remove Tehran's stockpile of highly enriched uranium, which could be used to build a bomb, should Tehran choose to pursue one.
Since the war began, at least 3,375 people have been killed in Iran and at least 2,509 people in Lebanon, where fighting between Israel and the Iran-backed Hezbollah militant group resumed two days after the Iran war started. Another 23 people have been killed in Israel and more than a dozen in Gulf Arab states. Fifteen Israeli soldiers in Lebanon, 13 US service members in the region and six UN peacekeepers in southern Lebanon have been killed.
The ceasefire between Israel and Hezbollah has been extended by three weeks. Hezbollah has not participated in the Washington-brokered diplomacy.
