Aam Aadmi Party chief Arvind Kejriwal  has filed a fresh application before the Delhi High Court seeking the recusal of Justice Swarana Kanta from hearing the Central Bureau of Investigation’s (CBI) petition. The CBI’s petition challenges his discharge in the corruption case linked to the alleged liquor policy scam.

The application is expected to be taken up tomorrow by Justice Sharma. The main petition filed by the CBI is also listed as item number 50 before the same judge.

Kejriwal to Argue Himself:

Notably, the application has been filed by Kejriwal personally, and he is likely to argue the matter himself before Justice Sharma tomorrow.

Earlier, Kejriwal had written  a letter to the Chief Justice of the Delhi High Court on the administrative side, requesting that the case be transferred from Justice Sharma to another judge. However, this request was rejected by the High Court Registry. Following this, the AAP leader approached the Supreme Court of India by filing a petition under Article 32 of the Constitution.

Trial Court Discharge:

On February 27, the trial court discharged all 23 accused in the case, including political leaders  such as Arvind  Kejriwal, Manish Sisodia, and K Kavitha. The trial court  also strongly criticised the CBI’s investigation in the matter.

 The case became politically sensitive when Kejriwal was arrested and taken into custody during the 2024 Lok Sabha elections. He was later granted bail by the Supreme Court after spending 156 days in custody. In comparison, AAP leader Manish Sisodia  spent 530 days in custody in connection with the case.

The CBI’s revision petition against the trial court’s order was heard by Justice Sharma. On March 9, the judge made a prima facie observation that the trial court’s findings appeared to be incorrect.

Fresh Letter to Chief Justice:

Subsequently, the AAP Chief  Arvind Kejriwal  again wrote  to the Chief Justice, requesting that the case be assigned to a different judge. He said that no specific reasons were given while making observations against the trial court’s order. Kejriwal also pointed out that Justice Sharma had earlier denied bail to several accused in the liquor policy case, who were later granted relief by the Supreme Court.

The AAP leader has sought transfer of the case on the ground of a "grave, bona fide, and reasonable apprehension that the matter may not receive a hearing marked by impartiality and neutrality". Kejriwal has also filed a separate Special Leave Petition challenging Justice Swarana Kanta Sharma’s remarks on the trial court’s order.

Excise Policy Background:

The excise policy in question was introduced by the Delhi Government in 2021 to increase revenue and reform the liquor trade. However, it was later withdrawn after allegations of irregularities surfaced. After this, Lieutenant-Governor Vinay Kumar Saxena ordered a CBI investigation into the matter.

According to the Enforcement Directorate and the CBI, the policy aimed to fully privatise the liquor trade in the national capital. They alleged that it was misused to give undue benefits to private entities at the cost of the public exchequer and showed signs of corruption.

Manish Sisodia was first arrested by the CBI on February 26, 2023, in connection with the excise policy case, and was later arrested by the Enforcement Directorate on March 9, 2023.

CBI FIR Allegations:

In its FIR, the CBI accused Sisodia and others of being involved in “recommending” and “taking decisions” regarding the 2021–22 excise policy “without the approval of competent authority with an intention to extend undue favours to the licensee post tender”.

Reason for Arrest:

The central agency further alleged that the AAP leader was arrested because he gave  evasive replies  and did not cooperate during the investigation, even after being confronted with evidence.

Kejriwal was formally arrested by the CBI on June 26, 2024, while he was already in the custody of the Enforcement Directorate in a money laundering case related to the alleged liquor policy scam.

Case Details: CBI v. Kuldeep Singh & Ors.