The Delhi High Court has issued a notice to the Central Bureau of Investigation (CBI) to respond to Arvind Kejriwal and others' plea seeking the recusal of Justice Swarana Kanta Sharma from hearing the excise policy case.
Kejriwal appeared in court on January 31, 2026, stating that he will argue the recusal application himself.
The Court recorded Kejriwal’s presence, listing him as Respondent No. 18, and accepted his recusal application on record while directing the Registry to file it digitally. The Bench further ordered the CBI to submit its reply by the following day and allowed any other party wishing to move a recusal application to do so.
During the hearing, Solicitor General Tushar Mehta, representing the CBI, described the recusal plea as “frivolous” and based on vexatious allegations. He contended that some individuals make a career out of making serious allegations against institutions and stressed that such allegations must be confronted. He also stated that if Kejriwal wishes to argue in person, he must first discharge his counsel, adding, “the courtroom is not a forum for theatrics.”
Kejriwal responded by informing the Court that he submitted the recusal application according to High Court procedure and requested that it be formally accepted, noting that a litigant representing themselves cannot e-file the application.
Mehta previously suggested that if other parties intend to file similar pleas, they may be given a week to do so, and all such applications should be heard together. He emphasised that pleadings must be completed before the Court addresses the recusal issue.
The High Court is hearing an appeal filed by the CBI challenging the trial court’s decision to discharge Kejriwal, Manish Sisodia, and others in the Delhi excise policy case.
Prior to the hearing, Kejriwal and the other accused had filed an application seeking the recusal of Justice Sharma, citing concerns about fairness based on remarks made in earlier proceedings.
In an earlier session, the High Court granted time to respondents to file replies and noted that related proceedings, including a Special Leave Petition (SLP), are pending before the Supreme Court.
The issue also extended to the administrative side, where the Chief Justice of the Delhi High Court rejected a request for case transfer, stating that roster allocation had been followed and any recusal decision should be made by the judge concerned.
The excise policy case involves alleged irregularities in the now-scrapped Delhi Excise Policy 2021-22, which is under investigation by the CBI and the Enforcement Directorate. Several AAP leaders, including Kejriwal and Sisodia, are named as accused.