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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UP: Police official shunted after killing of two senior employees of biogas plant in Budaun
Budaun (UP) (PTI): The Uttar Pradesh government has shunted the Circle Officer of the area in connection with the recent killing of two senior officials at an HPCL compressed biogas plant in the district, officials said on Sunday.
Superintendent of Police (Rural) Hirdesh Katheriya said that Ujhani Circle Officer Devendra Singh has been attached to the Police headquarters in Lucknow, and Rahul Pandey of UP-112 emergency response service has been posted to Budaun in his place.
The action comes a day after the state government transferred Senior Superintendent of Police Brijesh Kumar Singh following the double murder at the plant in Sejni village in the Musajhag area.
Meanwhile, under the directions of Uttar Pradesh Chief Minister Yogi Adityanath, a Special Investigation Team (SIT) has been constituted under the chairmanship of the Bareilly divisional commissioner to conduct a detailed probe into the incident.
The incident took place on Thursday when Sudhir Kumar Gupta, 58, deputy general manager at the facility, and Harshit Sharma, 34, an assistant manager, were shot dead by Ajay Pratap Singh, who was earlier a vendor at the plant here in the district.
The main accused has been arrested, and authorities have also pasted notices on six shops allegedly owned by him in Sejni village that were reportedly constructed over government land, they said, adding that the demolition may be carried out after due procedure.
In view of the incident, authorities have also decided to establish a police outpost inside the plant premises with the deployment of two sub-inspectors and eight police personnel to enhance security.
