Who Is Justice Swarana Kanta Sharma? Why Does Kejriwal Want Delhi HC Judge Removed From Excise Case?

Last Updated:April 06, 2026, 12:11 IST

Who is Justice Swarana Kanta Sharma? Why does Kejriwal want her recused? What is the liquor policy case? News18 explains

Former Delhi chief minister Arvind Kejriwal on Sunday moved a plea in the Delhi High Court (HC) seeking the recusal of Justice Swarana Kanta Sharma in the matter concerning the Central Bureau of Investigation’s (CBI) plea against the discharge of the Aam Aadmi Party (AAP) chief and all other accused in the liquor policy case.

Who is Justice Swarana Kanta Sharma? Why does Kejriwal want her recused? What is the liquor policy case? News18 explains.

WHO IS JUSTICE SWARANA KANTA SHARMA?

Justice Swarana Kanta Sharma is a permanent judge of the Delhi High Court, elevated to the position on March 28, 2022. Before her elevation, she served as a Magistrate starting at age 24 and later became the Principal District and Sessions Judge-cum-Special Judge (CBI) at the Rouse Avenue Court in March 2022.

Justice Swarana Kanta Sharma holds an LL.B. (1991), an LL.M. (2004), and a Ph.D. (2025) in judicial education, with experience presiding over civil, criminal, and special courts (including Mahila courts).

She has authored multiple books, including Judicial Education – Achieving Constitutional Vision of Justice and works addressing social issues like Tumhari Sakhi (women’s rights) and Beyond Baghban (senior citizens’ rights).

JUSTICE SHARMA & DELHI LIQUOR POLICY CASE: WHAT HAPPENED AFTER KEJRIWAL’S DISCHARGE?

On February 27, the trial court discharged Kejriwal, Sisodia and 21 others and pulled up the CBI, saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.

On March 9, issuing notice to all 23 accused on CBI’s plea against their discharge, Justice Sharma said certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.

Justice Sharma’s bench also stayed the trial court’s recommendation on the initiation of departmental action against the CBI’s investigating officer in the liquor policy case.

On March 16, Justice Sharma granted time to former Kejriwal and others to respond to CBI’s petition challenging their discharge.

WHAT IS KEJRIWAL’S PLEA? WHY DOES HE WANT JUSTICE SWARANA KANTA SHARMA RECUSED?

In a representation made on March 11, Kejriwal, as well as AAP leader Manish Sisodia, along with other accused in the excise policy case, claimed there was a “grave, bona fide, and reasonable apprehension" that the hearing in the matter before Justice Sharma would not be impartial and neutral.

Kejriwal claimed that Justice Sharma’s past conduct and her handling of several related excise policy matters suggested a “predisposition". He noted that on the first day of the CBI’s appeal, she recorded a prima facie view that the trial court’s order (which discharged the accused) was “erroneous" without hearing the defence. AAP leaders pointed out that the Supreme Court has previously set aside several orders passed by Justice Sharma in the same excise-related investigation, according to reports.

She stayed the trial court’s recommendation for a departmental inquiry against the CBI’s investigating officer, which Kejriwal argues was “wide and consequential relief" granted prematurely.

A similar plea for recusal is expected to be filed by other discharged accused as well, sources told PTI.

DID KEJRIWAL FILE A RECUSAL PLEA AGAINST THE JUDGE IN THE PAST?

On March 13, 2026, the Chief Justice of the Delhi High Court, Devendra Kumar Upadhyaya, rejected Kejriwal’s administrative plea to transfer the case, stating it was assigned according to the official roster and that any recusal request must be made directly to the judge.

Kejriwal subsequently approached the Supreme Court to challenge the refusal of the transfer and certain interim orders passed by Justice Sharma.

On April 6, 2026, Kejriwal appeared in person before the Delhi High Court to argue a formal judicial application for recusal, urging Justice Sharma to step down from the case himself.

WHAT IS THE DELHI LIQUOR POLICY CASE?

The Delhi liquor policy case refers to allegations of corruption and money laundering in the formulation and implementation of the Delhi Excise Policy 2021–22.

Introduced by the Aam Aadmi Party (AAP) government in November 2021, the policy sought to completely privatise the liquor trade in Delhi. The government exited the retail sale of liquor, allowing private licensees to run all 849 shops across 32 zones. Licensees were allowed to offer unlimited discounts and set their own prices, and shop timings were extended until 3 AM.

The stated objective was to increase state revenue, eliminate the “liquor mafia," and improve the consumer experience.

Following a report by Delhi’s Chief Secretary in July 2022, the policy was scrapped, and the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) launched probes. Agencies alleged the policy was “manipulated" to benefit a group of traders (the “South Group") in exchange for ₹100 crore in kickbacks. It was alleged that the profit margin for wholesalers was arbitrarily increased from 5% to 12% to facilitate these kickbacks. The ED claimed the bribe money was used to fund AAP’s election campaigns in Goa and Punjab in 2022.

Who all were arrested?

In the Delhi liquor policy case, the central agencies arrested a total of 23 individuals, although a special court recently discharged all 23 accused in the related CBI corruption case due to a lack of prima facie evidence.

Key arrests were:

Manish Sisodia (Former Deputy CM): Arrested on February 26, 2023, he spent approximately 17 months (around 530 days) in custody before the Supreme Court granted him bail in August 2024.

Arvind Kejriwal (Former Delhi CM): Arrested on March 21, 2024, he remained in jail for about 5 months (around 150 days), excluding a brief 21-day interim reprieve for election campaigning, until he secured bail in September 2024.

Sanjay Singh (AAP Rajya Sabha MP): Arrested on October 4, 2023, he spent 6 months behind bars before being granted bail by the Supreme Court in April 2024.

K Kavitha (BRS Leader): Arrested on March 15, 2024, she spent 5 months in custody before her release on bail in August 2024.

Vijay Nair (AAP Communications In-charge): Arrested in September 2022, he spent nearly 24 months in jail before receiving bail in September 2024.

The current status

On February 27, 2026, a special trial court discharged all 23 accused, including Arvind Kejriwal and Manish Sisodia, ruling that the CBI’s evidence was based on “conjecture" and lacked a prima facie case. The CBI challenged this discharge in the Delhi High Court. On March 9, 2026, Justice Swarana Kanta Sharma stayed the trial court’s adverse remarks against the investigating agencies and issued notices to the accused. Separately, the ED has challenged Kejriwal’s acquittal in cases related to his non-compliance with earlier summons; the High Court is scheduled to hear this on April 29.

HOW DID THE BJP REACT?

Delhi BJP spokesperson Praveen Shankar Kapoor stated that the move shows a “lack" of respect for the judicial system. “This announcement completely exposes Arvind Kejriwal, who is dejected and defeated on all fronts. After losing his petition to transfer the case (to another bench), Kejriwal will now petition the relevant judge himself to drop the case. Is this his respect for the judiciary and the judicial system?" Delhi BJP spokesperson Praveen Shankar Kapoor was quoted as saying by HT.

KEY FAQs

What was the core issue in the liquor policy case?

The case revolved around alleged irregularities and corruption in the Delhi Excise Policy 2021–22, including claims of favoritism in license allocation and financial misconduct.

What was Justice Swarana Kanta Sharma’s role?

As a judge of the Delhi High Court, she heard petitions related to bail, arrests, and procedural challenges connected to the investigation.

Why is this case significant?

It has major political and legal implications, involving high-profile leaders, central agencies, and questions about transparency, governance, and misuse of policy frameworks.

With agency inputs

News explainers Who Is Justice Swarana Kanta Sharma? Why Does Kejriwal Want Delhi HC Judge Removed From Excise Case?

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