Kejriwal Files New Affidavit Seeking Delhi HC Judge's Recusal Over Her Children's Centre Link

Last Updated:April 15, 2026, 16:39 IST

Kejriwal has contended that there exists a “reasonable apprehension of bias” as the judge’s children are allegedly empanelled with the Centre.

Former Delhi Chief Minister Arvind Kejriwal has filed an additional affidavit before the Delhi High Court reiterating his plea seeking Justice Swarana Kanta Sharma’s recusal from hearing the CBI’s appeal against the discharge of accused persons in the excise policy case.

Kejriwal has contended that there exists a “reasonable apprehension of bias" as the judge’s children are allegedly empanelled with the Centre and receive case assignments through Solicitor General Tushar Mehta, who is representing the Central Bureau of Investigation (CBI) in the matter.

He argued that since the Solicitor General is appearing before the court while also being involved in the allocation of cases to panel counsel, including the judge’s children, an appearance of conflict of interest is created.

According to the affidavit, Justice Sharma’s son is empanelled as a Group A counsel representing the Centre before the Supreme Court, while her daughter is empanelled as a Group C counsel and also appears for the Centre before the Delhi High Court, Live Law reported.

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Kejriwal has submitted that this constitutes a continuing professional engagement with the Union government and raises questions on perceived neutrality.

He further argued that the system of assigning government litigation through the Solicitor General creates an institutional linkage between the prosecution in the present case and the professional work of the judge’s immediate family members.

Referring to official procedures of the Ministry of Law and Justice, Kejriwal had said such empanelment involves regular allocation of cases, remuneration, and sustained professional association with the Centre.

The affidavit also relies on publicly available material and RTI-based information to highlight what it describes as an ongoing relationship between panel counsel and the government.

Kejriwal maintained that while no allegation of actual bias is being made, judicial impartiality must also meet the test of reasonable perception.

The plea comes after Justice Sharma reserved her order on April 13 on recusal applications filed by Kejriwal and other accused. During hearings, Solicitor General Tushar Mehta opposed the plea, calling it frivolous and warning that such applications could encourage litigants to seek bench changes by raising unfounded doubts.

Kejriwal also raised procedural objections, stating that hearings continued beyond court hours after he had concluded his submissions, and that interim directions were issued while the recusal plea remained pending.

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