Kejriwal seeks Delhi HC judge’s recusal in excise policy case

Now I have enough facts (4+ distinct facts from Tier 4 sources plus the article itself). Writing the note.

1. At a Glance

• Recusal plea: Arvind Kejriwal, former Delhi CM, sought recusal of Justice Swarna Kanta Sharma of the Delhi High Court from hearing CBI's appeal in the Delhi Excise Policy case, citing apprehension of bias [S1].
• Tests UPSC-relevant themes: judicial recusal doctrine, "reasonable apprehension of bias" test, judicial independence, and the ongoing Delhi Excise Policy (2021-22) case involving PMLA/CBI proceedings against a former CM [S1][S2].
• Relevant for GS-II (Judiciary, polity) and current affairs on high-profile political-legal proceedings.

2. Why in the News

• On Monday (13 April 2026, reported 14 April 2026), Kejriwal personally argued before the Delhi HC urging Justice Swarna Kanta Sharma to recuse herself from CBI's appeal against his discharge, alleging "real, grave and reasonable apprehension" of bias due to the judge's attendance at four events of the Akhil Bharatiya Adhivakta Parishad, which he claimed was ideologically aligned with BJP-RSS [S1].
• The Centre, represented by Solicitor-General Tushar Mehta, opposed the plea as "contemptuous" and sought dismissal with costs, warning it would set a "dangerous precedent" [S1].
• Justice Sharma subsequently dismissed the recusal application, holding the plea did not meet the "reasonable apprehension of bias" legal standard, remarking "Recusal would not be prudence but abdication of duty" [S2].

3. Background & Evolution

• 2021-22: Delhi Excise Policy introduced; CBI FIR registered on 20 July 2022 following a complaint by Delhi Lieutenant Governor V.K. Saxena, alleging manipulation to enable monopolisation/cartelisation in the liquor trade [S3].
• CBI and Enforcement Directorate (ED) alleged AAP leaders (Kejriwal, Manish Sisodia) manipulated the policy for kickbacks, allegedly used to fund AAP's Goa election campaign [S3].
• 21 March 2025: Kejriwal arrested by ED (PMLA case); 26 June 2025: arrested by CBI ("insurance arrest") [S3].
• 12 July 2025: Interim bail by Supreme Court in ED case; 13 September 2025: bail in CBI case [S3].
• 27 February 2026: Trial court discharged Kejriwal, Sisodia and others, holding CBI's case "wholly unable to survive judicial scrutiny" [S3].
• CBI subsequently appealed the discharge order before the Delhi High Court — the appeal now being heard by Justice Swarna Kanta Sharma, prompting the recusal plea [S1][S4].

4. Core Static Facts

5. Multi-Dimensional Analysis

• Legal/Constitutional:
• Recusal is governed by judge-made precedent, not statute — based on the principle "justice must not only be done but seen to be done," and the "reasonable apprehension of bias" test evolved through SC rulings.
• No codified law mandates recusal; it rests on judicial discretion and conscience, raising accountability questions.
• The plea tested whether prior attendance at events by a legal/ideological body constitutes bias — HC held mere attendance without ideological statements is insufficient [S1][S2].
• Ethical/Governance:
• Balances judicial independence against litigant's right to a fair, unbiased hearing.
• SG Mehta's "dangerous precedent" argument highlights concern over misuse of recusal pleas to forum-shop or delay proceedings [S1].
• Political:
• Case involves a former sitting CM and Leader of Opposition figure, intersecting judiciary with active political contestation (AAP vs BJP-led Centre) [S1][S3].
• Timing (post-discharge, CBI appeal) reflects continuing political-legal battle around the 2024-25 AAP leadership prosecutions.
• Administrative:
• Highlights interplay between trial court findings (discharge) and appellate review (CBI appeal), and the parallel run of ED (PMLA) and CBI (corruption) proceedings on the same facts.

6. Recent Developments (last 12-18 months)

• 21 March 2025: ED arrests Kejriwal [S3].
• 26 June 2025: CBI arrests Kejriwal [S3].
• 12 July 2025: SC grants interim bail (ED case) [S3].
• 13 September 2025: Bail granted in CBI case [S3].
• 27 February 2026: Trial court discharges Kejriwal and Sisodia in the excise case [S3].
• 13-14 April 2026: Kejriwal seeks recusal of Justice Swarna Kanta Sharma from CBI's appeal against discharge; plea opposed by Centre and dismissed by the judge [S1][S2].

7. Prelims Hooks

• Delhi Excise Policy pertains to the year 2021-22 [S3].
• FIR registered by CBI on 20 July 2022, following complaint by LG V.K. Saxena [S3].
• Two agencies involved: CBI (corruption) and ED (money laundering under PMLA) [S3].
• Kejriwal arrested by ED on 21 March 2025; by CBI on 26 June 2025 [S3].
• Trial court discharged Kejriwal and Sisodia on 27 February 2026 [S3].
• Recusal sought against Justice Swarna Kanta Sharma of Delhi High Court [S1].
• Ground cited: judge's attendance at events of Akhil Bharatiya Adhivakta Parishad [S1].
• Centre's counsel opposing the plea: Solicitor-General Tushar Mehta [S1].
• Legal standard applied for recusal: "reasonable apprehension of bias" [S2].
• Justice Sharma's remark: "Recusal would not be prudence but abdication of duty" [S2].
• Recusal application was dismissed, not allowed [S2].
• The excise case allegedly involves proceeds used to fund AAP's Goa election campaign [S3].

8. Mains Relevance

• GS-II: Structure, organization and functioning of the Judiciary; issues around judicial accountability, recusal norms, and separation of powers.
• GS-IV (tangential): Ethics in public life — probity of judges, perception of bias.
• Possible question stems: 1. "Discuss the legal principles governing recusal of judges in India. Is there a need for codified guidelines?" (GS-II) 2. "Examine the tension between judicial independence and litigants' right to an unbiased hearing, with reference to recent recusal controversies." (GS-II) 3. "The overlap of CBI and ED investigations in politically sensitive cases raises questions of federal-institutional balance. Discuss with examples." (GS-II)

9. Related Topics to Study Next

• Prevention of Money Laundering Act (PMLA), 2002 — legal framework invoked by ED in this case.
• CBI's constitutional/statutory status (Delhi Special Police Establishment Act, 1946) — investigating agency involved.
• Doctrine of judicial recusal & bias — broader jurisprudence (e.g., past SC precedents on recusal).
• Federalism and Centre-State relations in Delhi — role of LG vis-à-vis elected government, since LG's complaint triggered the FIR.
• Arrest and bail jurisprudence under PMLA — twin conditions for bail, recent SC rulings.
• Separation of powers and judicial accountability — mechanisms (in absence of codified recusal law).
• AAP-Centre relations and Delhi's political governance structure — NCT of Delhi Act context.

10. Common Errors / Trap Areas

• Do not confuse the CBI case (corruption/conspiracy) with the ED case (PMLA/money laundering) — they are parallel, separate proceedings on the same excise policy facts.
• Recusal of judges is not governed by a specific statute; aspirants often wrongly cite a codified "Recusal Act" — it is based on judicial precedent and conscience.
• Do not confuse discharge by trial court (27 Feb 2026) with acquittal after full trial — discharge means the case did not proceed to trial for want of prima facie evidence.
• The recusal plea was dismissed, not allowed — avoid assuming the news item implies success of the plea.
• Note the correct agency sequence: LG V.K. Saxena's complaint → CBI FIR (2022) → later ED PMLA action — not the reverse.

11. Sources

• [S1] Kejriwal seeks Delhi HC judge's recusal in excise policy case — The Hindu — https://www.thehindu.com/todays-paper/2026-04-14/th_international/articleGTRFRM5OO-14231600.ece — (tier: 4)
• [S2] Justice Swarana Kanta Sharma Refuses To Recuse From Hearing Pleas Against Arvind Kejriwal's Discharge — Verdictum — https://www.verdictum.in/delhi-high-court/arvind-kejriwal-justice-swarana-kanta-sharma-recusal-plea-1612475 — (tier: 4)
• [S3] Arvind Kejriwal's arrest: Story so far — Supreme Court Observer — https://www.scobserver.in/journal/arvind-kejriwals-arrest-story-so-far/ — (tier: 4)
• [S4] Delhi High Court seeks Arvind Kejriwal's reply to ED's plea against acquittal in PMLA summons case — Bar and Bench — https://www.barandbench.com/amp/story/news/litigation/delhi-high-court-seeks-arvind-kejriwals-reply-to-eds-plea-against-acquittal-in-pmla-summons-case — (tier: 4)