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".
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Kharge calls NDA ‘opportunist alliance thriving on corruption’ at rally
Puducherry (PTI): Senior Congress leader Mallikarjun Kharge on Saturday said the NDA "is an opportunist alliance that thrives on corruption and the looting of public assets".
Addressing a rally of the INDIA bloc in Puducherry, the Congress president said Prime Minister Narendra Modi "had done nothing" for the union territory’s development.
He urged voters to back the INDIA bloc in the April 9 Assembly polls, calling it "an opportunity for the people to fight against divisive forces led by the BJP and RSS, which are destroying unity, harmony, and the progressive spirit of Puducherry."
Kharge also criticised the BJP for neglecting smaller states like Puducherry and made a strong case for granting it statehood, promising, "Congress will secure statehood—this is a guarantee we give to the people here".
He alleged that under the current AINRC-BJP coalition, Puducherry is "riddled with corruption and a 30 per cent commission system," with the NDA government exploiting the union territory, despite it being "one of the country’s most beautiful places".
He expressed concern over "misuse of funds and stalled development", alleging corruption had "seeped into every sector".
Kharge claimed that despite Prime Minister Modi’s zero-tolerance stance on corruption, "everything in practice is being handed to one person, Adani—from land to skies."
He added that the NDA was "exploiting land, temple lands, and public property."
The Congress leader also criticised the AINRC-BJP rule for granting permits for around 450 liquor shops and restaurants over the last five years, claiming, "Instead of providing clean water, the government has been giving liquor to the people."
Kharge compared the current situation with the previous Congress rule, highlighting development across sectors, particularly healthcare. "Hospitals were established here to take care of the health of the people," he said.
Among his promises, Kharge pledged "gold for mangala sutra" for women if Congress is elected, along with free education from primary school to research level.
He reiterated that Prime Minister Narendra Modi’s promises to Puducherry had not materialised and renewed his call for full statehood, citing the lack of powers as a "hindrance" to the elected government.
He recalled that during the previous Congress rule, then Chief Minister V Narayanasamy, who was also present, faced interference from then Lt Governor Kiran Bedi.
Kharge said Congress has always stood with the people and would continue to improve their lives through developmental programmes, as it had during earlier administrations.
The meeting was presided over by Puducherry PCC president V Vaithilingam, and among the speakers was S P Sivakumar of the DMK.
