Arvind Kejriwal will not appear before Justice Swarana Kanta Sharma in the Delhi excise policy case, citing bias and conflict of interest. This follows the HC dismissing his recusal plea. He will not be represented by a lawyer, calling it a ‘Satyagraha’.
Aam Aadmi Party (AAP) National Convenor Arvind Kejriwal on Monday said he will not appear before the High Court in the Delhi excise policy case, citing two reasons, including alleged bias linked to ideological associations and a conflict of interest involving the judge’s family members working with the central government. The development comes shortly after the Delhi High Court dismissed Kejriwal’s plea seeking the recusal of Justice Sharma. In its ruling, the Court held that the allegations did not meet the legal threshold of a reasonable apprehension of bias and were based on conjecture rather than evidence.
Kejriwal cites bias and conflict of interest
In a video, Kejriwal said, “The first reason is that the government, with the ideology of the RSS, which put me in jail by making false allegations, the lady judge herself has admitted that she has frequently visited the stages of Akhil Bharatiya Adhivakta Parishad, an organisation linked to that ideology. The Aam Aadmi Party and I are staunch opponents of that ideology. In such a situation, can I get justice before her?”
“The second reason is Conflict of Interest. In the court, the central government’s CBI is against me, and both children of Justice Swarnkanta ji work for the central government. Both her children are on the panel of lawyers for the central government. Opposing us in court is the Solicitor General, Shri Tushar Mehta ji. Tushar Mehta ji gives cases to both children. How many cases they will get, which cases they will get, this is decided by Tushar Mehta ji,” he said.
‘Following the path of Bapu’: Kejriwal on boycotting proceedings
Kejriwal said he has full faith in the judiciary and respects it deeply, recalling that courts granted him relief in past cases. “I want to clarify that I have full faith in the judiciary. I respect the judiciary very much. When a wrong conspiracy was hatched against me, it was our country’s judiciary that gave me justice. When I was arrested in a false case, it was this judiciary that gave me bail. It is this judiciary that has declared me innocent in that same false case. In moments of such a dilemma, Bapu showed us the path of Satyagraha. Bapu said that whenever you face any injustice, the first step should not be protest, but dialogue. One should present their point before the person doing the injustice with full humility and give them a full opportunity to reform. If even after all efforts, justice is not achieved,” Kejriwal said.
He said he will neither appear in person nor be represented by a lawyer in the court of Justice Swarana Kanta in the Delhi excise policy case, stating that his request for the judge to recuse was declined. “I too started with dialogue. With full sincerity and humility, I presented my point before Justice Swarnkanta ji. I entreated her to recuse herself from this case. I urged that my case be heard by any other judge of the High Court. But she rejected my request. She decided that she would not separate herself from this matter and would hear this case herself. I humbly disagree with this decision given by her. After this entire sequence of events, my apprehension has deepened whether I will get justice before her,” he further said.
“Following the path shown by Bapu, with the spirit of Satyagraha, I have now decided…that I will neither appear in person in the court of Justice Swarnkanta ji in this case, nor will any lawyer represent me. Whatever decision Justice Swarnkanta ji delivers, I am free to take all those legal steps when the time comes, such as challenging it in the Supreme Court, etc. I have also informed Justice Swarnkanta ji of this today by writing a letter,” he said.
Earlier, in a social media post, Kejriwal wrote that, guided by his conscience and the principles of Mahatma Gandhi, he had decided not to participate in the proceedings or advance any arguments before the court in this matter. He described his decision as being in line with the spirit of satyagraha. जस्टिस स्वर्णकान्ता शर्मा जी से न्याय मिलने की मेरी उम्मीद टूट चुकी है। अपनी अंतरात्मा की आवाज़ सुनते हुए, गांधी जी के सिद्धांतो को मानते हुए और सत्याग्रह की भावना के साथ, मैंने फ़ैसला किया है कि मैं इस केस में उनके सामने पेश नहीं हूंगा और कोई दलील भी नहीं रखूँगा। pic.twitter.com/vhTSEZabqa — Arvind Kejriwal (@ArvindKejriwal) April 27, 2026
High Court’s stance on the matter
Kejriwal reiterated concerns he had earlier raised, including references to the judge’s alleged associations and a claimed conflict of interest arising from her children being empanelled as counsel for the Union Government. The High Court, however, rejected these arguments, holding that no direct connection had been established between these factors and the case at hand. It clarified that judges’ family members are free to pursue their professional careers and that such circumstances alone cannot justify recusal. The Court also dismissed reliance on participation in public or professional events as grounds for alleging bias, noting that no political statements had been attributed to the judge.
Kejriwal stated in his letter that he would neither appear in person nor through counsel in further proceedings before the present bench. He acknowledged that this decision could prejudice his legal interests but said he was prepared to face the consequences. At the same time, he clarified that this position is limited to the present matter and should not be seen as a general refusal to appear before the judge in other cases. He also indicated that he may challenge the order dismissing his recusal plea before the Supreme Court.
The case relates to the Delhi Excise Policy 2021-22, in which the CBI has challenged the discharge of Kejriwal and other accused persons. With the recusal plea dismissed and Kejriwal indicating his non-participation, the High Court is expected to proceed with the matter in accordance with law. (ANI)
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