Arvind Kejriwal to Boycott Excise Policy Case Proceedings, Cites Perceived Bias

Delhi Chief Minister Arvind Kejriwal has decided not to appear in further proceedings related to the excise policy case. He communicated this decision in a detailed letter addressed to Justice Swarana Kanta Sharma of the Delhi High Court.

This move follows the High Court's dismissal of Kejriwal's plea seeking Justice Sharma's recusal from the case, a decision Kejriwal cited as a primary reason for his apprehension about the fairness of the proceedings.

In his letter, Kejriwal expressed "utmost respect" for the judge and the judiciary, emphasizing that his decision stems from conscience rather than defiance. He stated that his faith in the judicial institution remains intact, but he harbors concerns regarding impartiality in this specific matter.

The Delhi High Court, in its ruling, stated that Kejriwal's allegations did not meet the legal threshold for a reasonable apprehension of bias, describing them as conjecture rather than evidence. The Court cautioned against creating a "theatre of perception" and undermining judicial credibility with unsubstantiated claims.

Kejriwal reiterated concerns previously raised in his recusal application, including the judge's association with certain legal organizations and potential conflicts of interest due to her children being empanelled as counsel for the Union Government. He also pointed to the role of the Solicitor General in case assignments.

The language used in the High Court's order, characterizing his plea as an "attack" on the judiciary, has further contributed to his apprehension, making it difficult to believe the matter can be heard on a "clean slate," Kejriwal stated.

Framing his decision as a form of peaceful and conscientious protest inspired by Mahatma Gandhi's satyagraha, Kejriwal explained that he has chosen to withdraw from participation after exhausting legal channels and reflecting on the Court's response. He is prepared to face any legal consequences.

He described his action not as rebellion but as a "quiet insistence of conscience," undertaken with humility and without ill-will. Kejriwal stressed the principle that justice must not only be done but also be seen to be done, arguing that the surrounding circumstances might lead the public to perceive the outcome as predetermined, especially given the case's political context.

Citing historical instances of judicial recusal or transfer to avoid the appearance of conflict, Kejriwal suggested such actions have historically bolstered public confidence in the judiciary.

Kejriwal concluded by stating he will neither appear in person nor through counsel before the current bench. He acknowledged this decision may prejudice his legal interests but deemed it a principled stand. He clarified that this decision is limited to this specific matter and does not signify a general refusal to appear before the judge in other cases. He also indicated a potential challenge to the recusal order in the Supreme Court.

The case originates from the CBI's challenge to the discharge of Kejriwal and others in the Delhi Excise Policy 2021-22 matter. With the recusal plea dismissed and Kejriwal's non-participation announced, the High Court is expected to proceed as per legal procedures.

The developments underscore the ongoing tension between allegations of perceived bias and the judiciary's requirement for concrete evidence to warrant recusal.