Legal experts, including a former judge, criticised Arvind Kejriwal’s letter to the Delhi HC refusing to appear in the excise policy case. They called it a tactic to delay proceedings and an inappropriate response to the dismissal of his recusal plea.
Legal Experts Slam Kejriwal’s Move
Former Uttarakhand High Court Judge, Justice Lok Pal Singh on Monday criticised Aam Aadmi Party leader Arvind Kejriwal over his letter about not appearing before the Delhi High Court in the excise policy case following dismissal of his recusal plea and said it will become a trend to make allegations and “run away from court and delay hearing of the case”.
“It is unfortunate on his part. He made false allegations against the judge… He should not move such letters… Once his application has been discussed, he should have availed the legal remedy in the court… It will become a trend to make allegations against a particular judge, run away from the court and delay the hearing of the case,” Justice Singh told ANI.
Senior Advocate Siddharth Luthra said the remedy is to challenge rather than writing an “inappropriate” letter. “When you appear before a court and raise a point, you may win, or you may lose. His remedy is to challenge that order. Writing a letter is not the appropriate way. Of course, he can challenge it. The court can either compel his appearance through a bailable warrant, or if he chooses not to appear, the court can appoint an amicus or a lawyer from the Legal Aid Panel who will come and represent Arvind Kejriwal… The Bar Council rules are clear that lawyers must not appear in courts where they are related to the judge. It is for the judge to see whether, for a party concerned, there is an element of bias or not. He is entitled to challenge the order,” he noted.
Senior Advocate Vaibhav Gaggar also raised questions over Kejriwal’s letter. “There was a judgement. The judge, after an elaborate hearing, decided against it. If this were to become a precedent where any litigant who is dissatisfied with the judge or an order is allowed to write personal letters criticising the judge and still reiterating the same allegations which were decided judicially, then you are hitting the foundation of the institutional sanctity. I cannot understand the logic behind it,” he said.
Senior Advocate Dr Adish C Aggarwala said any person not satisfied with a verdict can approach higher court. “Legally, it is within his right to do that, but morally, someone who has been the CM of Delhi not cooperating is wrong. The court can give a decision based on the CBI’s argument. Any party not satisfied with the court’s judgement can approach the Supreme Court. It is the duty of the judge to provide a judgment according to the law,” he said.
Kejriwal Cites Bias, Conflict of Interest for No-Show
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 an alleged conflict of interest involving the judge’s family members.
Delhi High Court had earlier dismissed Kejriwal’s plea seeking the recusal of Justice Swarana Kanta Sharma in the case. 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.
‘Ideological Bias’
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?”
‘Conflict of Interest’
“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 Mehtaji,” he said.
The former Delhi Chief Minister said he has full faith in the judiciary and respects it deeply, recalling that courts granted him relief in past cases. Kejriwal wrote a letter to Justice Swarana Kanta Sharma, expressing his decision not to participate in further proceedings in the excise policy case. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)