HC setback for Kejriwal & Co

New Delhi: The Chief Justice of Delhi High Court, D K Upadhyaya, has declined a request by former chief minister and AAP convenor Arvind Kejriwal and others to transfer CBI's plea against their discharge in the excise policy case from Justice Swarana Kanta Sharma to another judge. According to sources privy to the development, Justice Upadhyaya opined that Justice Sharma was hearing CBI's petition against the trial court's decision in accordance with the roster, and there was no reason to pass an order of transfer on the administrative side.

A call for recusal has to be taken by the judge concerned, the chief justice clarified. The CBI's petition is listed for hearing before Justice Swarana Kanta Sharma on Monday.

On March 11, Kejriwal, AAP leader Manish Sisodia, along with other accused in the excise policy case, made a representation to Chief Justice Upadhyaya to transfer CBI's plea against their discharge from Justice Sharma to another "impartial" judge. In the representation, Kejriwal claimed he has a "grave, bona fide, and reasonable apprehension" that the hearing in the matter would not be impartial and neutral.

On February 27, the trial court discharged Kejriwal, Sisodia and 21 others and pulled up the CBI, saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.