The Central Bureau of Investigation (CBI) informed the Delhi High Court on Wednesday that if attending an event organized by the Akhil Bhartiya Adhivakta Parishad (ABAP) indicates a judge’s ideological bias, it would necessitate the recusal of numerous sitting judges from cases involving politically prominent individuals. This statement was made in response to a request from Arvind Kejriwal, the national convener of the Aam Aadmi Party (AAP), and five others who sought the recusal of Justice Swarana Kanta Sharma from the liquor excise policy case.<\/p>\n
On April 6, Kejriwal, along with his deputy Manish Sisodia, former AAP communication head Vijay Nair, ex-MLA Durgesh Pathak, businessman Arun Pillai, and AAP volunteer Chanpreet Singh Rayat, filed applications requesting Justice Sharma’s withdrawal from the case. The CBI had previously filed a petition aiming to overturn a February ruling by a lower court that had discharged 23 accused individuals in the matter.<\/p>\n
Kejriwal indicated on April 6 that he would personally present arguments for the recusal application. The group pushing for Justice Sharma’s recusal cited concerns over potential ideological connections to the ABAP, which is perceived as affiliated with the Rashtriya Swayamsevak Sangh (RSS).<\/p>\n
Justice Sharma has participated in various ABAP events discussing topics such as the evolution of law and justice over the past 75 years and the challenges faced by women attorneys in the legal field. Her attendance also included discussions on the Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam.<\/p>\n
In an affidavit submitted on April 7, the CBI opposed the recusal requests, asserting that participation in a legal seminar does not constitute grounds for a judge’s recusal, especially when the seminar’s subject matter is not political in nature. The agency condemned the allegations of bias as unfounded and contemptuous.<\/p>\n
The CBI emphasized that Justice Sharma had granted interim bail to Pillai on three separate occasions, indicating that her decisions have not shown any bias toward the accused. “Issuing both favorable and unfavorable rulings to the parties involved illustrates that there is no basis for a fear of bias,” the affidavit stated. It further noted that a judge’s previous judicial decisions do not preclude them from hearing subsequent cases involving the same parties.<\/p>\n
Moreover, the CBI pointed out that Justice Sharma has handled the hearings without undue haste, including granting an interim ex-parte stay regarding the trial court’s negative remarks about the CBI’s investigating officer.<\/p>\n
The agency also highlighted a Supreme Court directive mandating expedited hearings for cases involving Members of Parliament and Legislative Assemblies, asserting that all such cases are being processed uniformly and efficiently. As an example, the CBI referenced the rapid progress in the case involving former RJD MP Lalu Prasad Yadav and his family, which saw 27 hearings within a span of less than three months.<\/p>\n
Sohini Ghosh serves as a Senior Correspondent at The Indian Express, having recently transitioned from the Gujarat bureau to the New Delhi office, where she focuses on legal matters at the Delhi High Court.<\/p>\n
Ghosh is a graduate of the Asian College of Journalism (ACJ) and previously worked at ET NOW before her current role at The Indian Express. Her reporting primarily centers on significant constitutional issues, intellectual property disputes, and matters related to human rights and regulatory law, particularly within the domains of technology and healthcare.<\/p>\n
In Gujarat, she gained recognition for her detailed reporting on crime, legal policy, and social justice, including high-profile cases such as the 2002 riots and the 2008 bomb blasts. She was also part of the team that revealed discriminatory practices in health care facilities during the pandemic.<\/p>\n
Her recent work in Delhi encompasses critical legal battles, including those related to the 2020 northeast Delhi riots and the 1984 anti-Sikh riots, as well as the intersection of technology and governance. Ghosh is known for her ability to distill complex legal arguments for wider audiences, maintaining a dedication to issues of human rights and deficiencies in the criminal justice system.<\/p>\n
To stay updated with her latest reports, you can follow her on Twitter at @thanda_ghosh.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Central Bureau of Investigation (CBI) informed the Delhi High Court on Wednesday that if attending an event organized by the Akhil Bhartiya Adhivakta Parishad (ABAP) indicates a judge’s ideological bias, it would necessitate the recusal of numerous sitting judges from cases involving politically prominent individuals. This statement was made in response to a request […]<\/p>\n","protected":false},"author":2,"featured_media":5353,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[78,498,40],"tags":[],"class_list":["post-5354","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-in-cities","category-in-delhi","category-india"],"yoast_head":"\n