Transfer excise policy case to 'impartial' bench: Kejriwal, Sisodia urge Delhi HC Chief Justice

AAP chief Arvind Kejriwal, senior AAP leader Manish Sisodia and other accused in the liquor scam case have written to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking transfer of the appeal against them on their discharge in the case from Justice Swarana Kanta Sharma to another "impartial" bench.

AAP leaders said former Delhi Chief Minister Kejriwal, former Deputy Chief Minister Manish Sisodia and others urged the High Court Chief Justice to transfer their case to an "impartial" bench. The High Court is hearing the appeal filed by the CBI against a special court's order discharging Kejriwal and others in the liquor scam case.

They said Kejriwal and others have submitted a written representation accusing Justice Sharma of "bias".

Last month, a special court had discharged Kejriwal and others in the case and pulled up the CBI by stating that its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.

On Monday, the Delhi High Court sought the stand of Kejriwal and other accused in the case on the appeal by the CBI challenging their discharge by the trial court. Justice Swarana Kanta Sharma issued notice to all the accused and listed the CBI's petition for hearing on March 16 while staying the observations made against CBI officials involved with the case in the special court's judgement.

In the letter, an AAP statement said, Kejriwal and others have argued that the case should be heard by an impartial bench to ensure fairness and protect public confidence in the administration of justice, while claiming that several orders passed by the judge in the same matter have been overturned by the Supreme Court.

It said they were making the request due to a "serious and genuine concern" that the matter "may not receive a completely impartial hearing".

According to the letter, the statement said, the CBI filed a petition of about 50 pages challenging the discharge order but did not point out any specific errors in the trial court’s findings or evidence that would justify setting aside the discharge order.

The letter said that the High Court issued notice and recorded a prima facie view that the trial court’s detailed order was erroneous without hearing the discharged accused. The High Court also stayed the trial court’s observations and directions against the investigating officer, including directions related to possible departmental action, even though the CBI had sought only a limited stay, the letter claimed.

The High Court directed the trial court dealing with the related Enforcement Directorate (ED) case to adjourn proceedings until the High Court considered the CBI revision petition when the ED was not a party to the proceedings and that the CBI had not sought such relief, the statement said quoting the letter.

Former Deputy CM Manish Sisodia said the request for transfer is not based on any personal allegation against the judge but on the legal principle that courts must also consider whether circumstances could lead a fair minded litigant to reasonably perceive a possibility of bias.