Kejriwal, Sisodia Approach Supreme Court, Challenge Delhi HC Chief Justice's Refusal To Transfer Excise Policy Case

New Delhi: Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia have approached the Supreme Court, challenging the Delhi High Court Chief Justice's decision to reject their request to transfer the Central Bureau of Investigation's (CBI) excise policy case to another judge. The former Delhi Chief Minister and Deputy CM are challenging the HC's refusal to transfer the CBI's now scrapped excise policy case from Justice Swarana Kanta Sharma's bench to another judge. 

According to information, the duo cited "grave apprehension" over impartiality, following a March 11 representation to Chief Justice Devendra Kumar Upadhyaya, who dismissed it, stating the matter aligns with the court's roster. He asserted that there were no valid administrative grounds for a reassignment. 

The CBI petition, listed before Justice Sharma on March 16, challenges a trial court's February 27 discharge of Kejriwal, Sisodia, and 21 others in the alleged scam involving favoritism to liquor licensees. The now-scrapped 2021 Delhi excise policy aimed to privatize liquor sales for revenue growth but faced allegations of irregularities, kickbacks, and losses to the exchequer, prompting CBI and ED probes ordered by the Lieutenant Governor.

The trial court had discharged the accused, criticising certain CBI findings, but Justice Sharma on March 9 issued notices to all 23 respondents, stayed departmental action against the CBI investigator, flagged prima facie errors in the trial court's observations, and deferred related PMLA proceedings. The HC's moves led to AAP's biased claims.

In his plea, Arvind Kejriwal argued Justice Sharma's prior orders, granted without hearing the accused, breached neutrality, especially since some related HC rulings were overturned by the Supreme Court. Chief Justice Upadhyaya countered, "The petition is assigned to the Hon'ble judge as per the current roster. Any call of recusal has to be taken by the Hon'ble judge. I do not find any reason to transfer."

The AAP confirmed receiving the High Court communication, with Arvind Kejriwal also contesting Justice Swarana Kanta Sharma's March 9 stay on trial court remarks without his side being heard. The Supreme Court petition seeks urgent listing before a CJ-led bench to shift the case for a 'manifestly impartial' hearing.

Amidst the latest development, the Aam Aadmi Party has raised questions on the judicial assignments in the high-profile corruption battle ahead of Justice Sharma's hearing. The CBI's petition challenging the discharge is now set to be heard by Justice Sharma on March 16.

Further details regarding the developments are awaited.