Arvind Kejriwal, the former Chief Minister of Delhi and a prominent figure in the Aam Aadmi Party, raised concerns about the impartiality of the judiciary on Monday. He requested Justice Swarana Kanta Sharma to withdraw from a CBI case related to the Delhi liquor policy, citing potential bias due to the judge’s involvement in events organized by Adhivakta Parishad, a legal body associated with the RSS.
Highlighting the sensitive nature of the issue, Kejriwal emphasized the importance of avoiding any perception of bias, especially considering his stance against the Rashtriya Swayamsevak Sangh and the Bharatiya Janata Party.
He characterized the case as politically motivated and stressed the significance of not only delivering justice but also ensuring its perceived fairness. Quoting observations from the Supreme Court regarding the crucial role of public perception in a democracy, Kejriwal expressed concerns about the autonomy of investigative bodies, referring to the notorious “caged parrot” analogy often linked with the CBI.
Kejriwal maintained that his appeal stemmed from genuine worries about neutrality, cautioning that even the appearance of bias could undermine public trust in the legal system. The court acknowledged his arguments on record.
REACTIONS
Arvind Kejriwal: Your attendance at events affiliated with a specific ideology raises concerns about bias, creating a reasonable apprehension of partiality in this honorable court’s mind.
Justice Swarana Kanta Sharma: Are you suggesting that I align with their ideology?
Arvind Kejriwal: Do you?
Justice Swarana Kanta Sharma: No, that is your assertion.
Arvind Kejriwal: I am not implying that. My concern is that your repeated participation in their events might lead to a sympathetic inclination towards that ideology due to my contrasting beliefs.
Justice Swarana Kanta Sharma: I will only address the arguments you have presented.
Arvind Kejriwal: My argument revolves around the litigant’s perspective. Your multiple appearances at their events raise doubts in my mind – attending events of a conflicting ideology, would I receive impartial treatment?
Justice Swarana Kanta Sharma (to court dictum): The assertion is that this court has participated in events organized by Adhivakta Parishad, following a specific ideology, without specifying the ideology.
APPEAL AGAINST KEJRIWAL’S ACQUITTAL
On February 27, a trial court acquitted Arvind Kejriwal, Manish Sisodia, and 21 others in the liquor policy case, criticizing the CBI for insufficient evidence.
Subsequently, on March 9, Justice Swarana Kanta Sharma issued notices in response to the