New Delhi, 27 April. Former Delhi Chief Minister Arvind Kejriwal has written a letter to Justice Swarnkanta expressing his big decision. He said that he no longer expected to get justice from Justice Swarnakanta, hence he would neither appear in the court himself nor send his lawyer. In his letter, Kejriwal made it clear that he has taken this decision after listening to his conscience. Citing Mahatma Gandhi’s Satyagraha, he said that now instead of legal fight, he will adopt the path of moral and ideological protest.
Kejriwal also indicated that his step is not against the justice system, but in support of his principles. However, he made it clear that if Justice Swarnakanta gives any decision, he will reserve the right to approach the Supreme Court against it. It is noteworthy that earlier on April 20, Justice Swarnakanta Sharma of Delhi High Court had rejected the petition of Arvind Kejriwal, in which he had sought to recuse himself from hearing the Delhi Excise Policy case. Delivering his judgment, Justice Sharma made it clear that an easy option would have been to withdraw from the hearing without considering the petition, but he considered it appropriate to take a decision on the merits of the case, keeping institutional purity and dignity paramount.
He mentioned that when he started reading his judgment, there was complete silence in the courtroom. The Justice further said that before him it was not just a legal question, but a challenge which put both the judge and the judicial institution to the test. The Delhi High Court had reiterated this point by saying that unless contradicted by concrete evidence, the impartiality of the judge is taken for granted and the judge cannot be removed from the case on the basis of mere apprehension or personal perception of a litigant.
Justice Sharma said that no litigant can be allowed to create a situation which lowers the standard of the judicial process. A lie, whether repeated a thousand times in court or on social media, does not become the truth. Responding to the allegations made by Kejriwal, the judge said there was no evidence to prove the claims of bias, including allegations to his participation in events organized by the Advocates Council or the professional engagements of his family members.
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