"I feel that I am apprehending bias is no argument. It should be so strong that court will have to record a finding that his apprehension of bias has some substance," Solicitor General Tushar Mehta said making a strong plea for rejecting ex Delhi CM Arvind Kejriwal's 'recusal' play in the Delhi High Court.
The Delhi High Court on Monday reserved order on the plea moved by the former Delhi chief minister and other accused persons seeking the recusal of Justice Swarana Kanta Sharma from hearing the revision petition filed by the CBI against the discharge order passed in favour of Kejriwal and others in the excise policy case.
Kejriwal alleged bias saying the judge had attended 'Adhivakta Parishad' event linked to BJP, RSS.
The CBI, represented by Solicitor General Tushar Mehta defended the judge’s participation submitting even sitting Supreme Court and other High Court judges had attended the event organised by the “bar association” and there was nothing wrong with such functions.
Mehta also said: "What is the threshold of a person’s apprehension? An apprehensive man can apprehended anything…or apprehension can be a tactic".
"There is one more reason why recusal should be rejected…Based on the same material in this case which was dealt with by your ladyship…other benches have also dealt with them and have arrived at the same conclusion," Mehta said.
At the outset Kejriwal submitted that the discharge order passed by the trial court after over 3 months of hearing was declared erroneous in five minutes of hearing by the high court.
“I was really shocked and I started doubts, serious apprehensions whether the court is biased and whether I will get justice here,” he said.
Citing observations from the Supreme Court of India, Kejriwal invoked the principle that “perception matters” in a functioning democracy and that justice must not only be done but also be seen to be done.
He also referred to past remarks about investigative agencies like the Central Bureau of Investigation, raising concerns about political influence.
Responding to the plea, Justice Sharma said that she would confine herself to recording submissions.
“I learnt a lot about recusal jurisprudence. For the first time in my life someone has asked me to recuse.
I learnt a lot. I hope I will give a good judgment".
At one point Kejriwal said even Home Minister Amit Shah had told a TV interview that after the High Court, the former Delhi CM will have to go to the Supreme Court. To this, the judge said that she had no control on what people were stating outside.
Opposing the recusal applications, the CBI, in its affidavit filed on April 7, said, “Attending a legal seminar can never be a ground for recusal when the topic of the seminar was not a political one therefore it does not demonstrate any ideological association”.
It termed such “unscrupulous and sweeping” aspersions to attribute the judge’s bias, as contemptuous.
The Solicitor General said : "This (recusal plea) needs to be dismissed with costs, contempt action be initiated (against Kejriwal)".
Mehta further said: "Would the court decide cases based on what public feels.
"Are they representative who have taken vote that this is what the public feels? ... Maybe few social media posts…for social media, you need a mobile, data and you need a lot of time….you can criticise Donald Trump also…".
ends
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