Excise Policy Case: Delhi High Court's Verdict On Kejriwal's Recusal Plea Today. A Recap Of The Case

Last Updated:April 20, 2026, 14:14 IST

The Delhi High Court is set to deliver its verdict today on Kejriwal’s plea seeking the recusal of Justice Sharma from hearing the Delhi excise policy case.

The Delhi High Court is scheduled to pronounce its verdict today on pleas filed by former Chief Minister Arvind Kejriwal and other accused seeking the recusal of Justice Swarana Kanta Sharma from hearing the Central Bureau of Investigation’s (CBI) challenge to their discharge in the Delhi excise policy case.

Justice Sharma said she would pronounce the order at 4.30 pm after taking on record additional pleadings filed by Kejriwal as written submissions.

“You say you have respect for me. I have respect for every litigant. The rule of court will not be changed for anyone, so I will treat it as written submissions. I am taking it on record," the court observed.

The recusal pleas form part of the legal proceedings arising from the CBI’s challenge to the trial court’s February 27 order discharging Kejriwal, former Deputy Chief Minister Manish Sisodia and 21 others in the case related to alleged irregularities in the now-scrapped Delhi Excise Policy 2021-22.

FEBRUARY 27: TRIAL COURT DISCHARGES ACCUSED

On February 27, the trial court discharged Kejriwal, Sisodia and 21 others, observing that the CBI’s case was “wholly unable to survive judicial scrutiny and stood discredited in its entirety," PTI reported.

Following the discharge order, the CBI approached the Delhi High Court seeking to challenge the decision.

The case pertains to alleged irregularities in the formulation and implementation of the Delhi Excise Policy 2021-22 and is being investigated by the CBI and the Enforcement Directorate (ED).

MARCH 9: HIGH COURT ISSUES NOTICE ON CBI PLEA

On March 9, Justice Sharma issued notice to all 23 accused on the CBI’s plea challenging the discharge order.

PTI reported that the High Court observed certain findings of the trial court at the stage of framing of charges “prima facie appeared erroneous and needed consideration."

The court also stayed the trial court’s recommendation to initiate departmental action against the CBI’s investigating officer in the liquor policy case.

These observations later became central to Kejriwal’s apprehension that the matter may not be heard impartially.

MARCH 11: REPRESENTATION SEEKING TRANSFER DECLINED

In a representation dated March 11, Kejriwal, Sisodia, and other accused claimed there was a “grave, bona fide, and reasonable apprehension" that the matter would not be heard in a fair and neutral manner by Justice Sharma.

According to PTI, the Chief Justice of the Delhi High Court, DK Upadhyaya, declined the request to transfer the matter to another bench, stating that any decision regarding recusal must be taken by the judge concerned.

APRIL 6: KEJRIWAL APPEARS IN PERSON, FILES RECUSE APPLICATION

On April 6, Kejriwal appeared before the High Court and sought the recusal of Justice Sharma from hearing the CBI’s petition challenging the discharge order.

ANI reported that Kejriwal informed the court that he would argue the recusal application himself.

During the proceedings, Solicitor General Tushar Mehta, appearing for the CBI, termed the plea “frivolous" and based on vexatious allegations.

According to PTI, the court took the recusal application on record and listed it for hearing on April 13.

It also granted time to Kejriwal and other respondents to file replies to the main CBI plea as a “last and final opportunity."

Recusal pleas were also filed by Sisodia and AAP leader Durgesh Pathak, along with other respondents, including Vijay Nair and Arun Ramchandra Pillai.

APRIL 8-12: CBI OPPOSES PLEA, TERMS ALLEGATIONS ‘BASELESS’

In its response, the CBI opposed the recusal pleas, stating that the applications were based on “conjectures and surmises" and did not meet the legal threshold required to question judicial impartiality.

The agency argued that dissatisfaction with interim court observations cannot form grounds for recusal and warned that entertaining such pleas could encourage “bench hunting" and undermine judicial independence.

PTI reported that the CBI also rejected claims that Justice Sharma’s participation in events organised by the Akhil Bharatiya Adhivakta Parishad demonstrated ideological bias.

“It is submitted that attending a legal seminar can never be a ground for recusal," the agency stated in its reply.

APRIL 13: KEJRIWAL ARGUES APPREHENSION OF BIAS, COURT RESERVES ORDER

On April 13, Kejriwal personally argued that earlier findings of the High Court had effectively prejudged the case.

“I was almost declared guilty. I was almost declared corrupt. Kewal saza sunani baaki reh gayi thi (Only sentence was left to be pronounced)," he submitted, according to PTI.

He contended that the legal test for recusal relates to reasonable apprehension of bias in the mind of a litigant, rather than any allegation regarding the judge’s integrity.

ANI reported that Solicitor General Mehta opposed the plea, arguing that the threshold for recusal is “extremely high" and must be based on tangible material rather than perceptions.

“It is very easy to say the matter be sent to another judge, but look at the precedent it sets," Mehta argued.

After hearing all parties, the High Court reserved its order on the recusal applications.

ADDITIONAL AFFIDAVIT RAISES CONFLICT OF INTEREST CLAIM

In an additional affidavit, Kejriwal claimed there was a “direct conflict of interest," alleging that Justice Sharma’s children are empanelled central government lawyers who receive work through the legal establishment represented by the Solicitor General appearing for the CBI, PTI reported.

He argued that such professional engagements created a perception of a lack of judicial detachment in a politically sensitive matter involving central agencies prosecuting an opposition leader.

ANI reported that Kejriwal also claimed he was not given sufficient opportunity to file a rejoinder after the hearing continued beyond usual court hours.

VERDICT TODAY ON RECUSEL ISSUE

With the High Court having reserved its order after hearing detailed arguments from all sides, the verdict on the recusal pleas filed by Kejriwal and other accused in the Delhi excise policy case is scheduled to be pronounced today.

The outcome will determine whether Justice Sharma continues to hear the CBI’s challenge to the trial court’s order discharging Kejriwal, Sisodia and other accused in the matter.

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