Kejriwal's move politicises judiciary: Delhi HC Bar Association VP

Advocate and Vice President of the Delhi High Court Bar Association Sacchin Puri on Monday criticised Aam Aadmi Party (AAP) national convener Arvind Kejriwal over his letter addressed to the Chief Justice of the Delhi High Court, saying the move amounted to politicising a judicial issue and undermining institutional credibility.

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Puri said that once a judgment is delivered, the appropriate legal remedies are appeal or revision, and not public communication questioning the process. "I believe that this is not correct. It is politicising the entire issue. The judgment has come. If you don't agree with the judgment, you have a remedy to appeal or revision, or as the case may be," he said, speaking to ANI.

He further objected to the nature and public circulation of the letter, stating that it was unnecessary and inappropriate. "But to issue this kind of a letter in which you are acknowledging the fact that I have a right to appeal and without prejudice, I'm writing this to those rights, then you are taking the system on and saying today that you are bringing the prestige of the system down. It is not acceptable," Puri said.

"There was no reason for such a letter to be posted in the public domain. You had a right which was right to appeal or revision. You should have exercised that," he added. Puri further stated that the move amounted to "scandalising" the issue and could be perceived as exerting pressure on the judicial system, directly or indirectly. "This is only scandalising the entire issue and trying to put pressure indirectly or directly on the judicial system," Puri emphasised.

BJP Leader Joins Criticism

In a separate reaction, BJP leader Fatehjang Singh Bajwa also criticised Kejriwal's remarks, calling the judiciary a "temple of justice" and questioning his stand. "The court is a temple of justice... If Kejriwal says that I will not go there, nothing can be worse than that... You are saying that I will follow Satyagraha, you did that earlier too... What was the result?" he told ANI.

Kejriwal's Stance and the Court's Ruling

The remarks come after Kejriwal said he will not appear before the High Court in the Delhi excise policy case, citing two reasons, including alleged bias linked to ideological associations and a conflict of interest involving the judge's family members working with the central government.

Court Dismisses Recusal Plea

The development comes shortly after the Delhi High Court dismissed Kejriwal's plea seeking the recusal of Justice Sharma. In its ruling, the Court held that the allegations did not meet the legal threshold of a reasonable apprehension of bias and were based on conjecture rather than evidence.

Earlier, in a social media post, Kejriwal wrote that, guided by his conscience and the principles of Mahatma Gandhi, he had decided not to participate in the proceedings or advance any arguments before the court in this matter. He described his decision as being in line with the spirit of satyagraha.

Kejriwal reiterated concerns he had earlier raised, including references to the judge's alleged associations and a claimed conflict of interest arising from her children being empanelled as counsel for the Union Government. The High Court, however, rejected these arguments, holding that no direct connection had been established between these factors and the case at hand. It clarified that judges' family members are free to pursue their professional careers and that such circumstances alone cannot justify recusal. The Court also dismissed reliance on participation in public or professional events as grounds for alleging bias, noting that no political statements had been attributed to the judge.

Future Course of Action

At the same time, Kejriwal clarified that this position is limited to the present matter and should not be seen as a general refusal to appear before the judge in other cases. He also indicated that he may challenge the order dismissing his recusal plea before the Supreme Court.

The case relates to the Delhi Excise Policy 2021-22, in which the CBI has challenged the discharge of Kejriwal and other accused persons. With the recusal plea dismissed and Kejriwal indicating his non-participation, the High Court is expected to proceed with the matter in accordance with the law. (ANI)