The Central Bureau of Investigation (CBI) has opposed recusal pleas, including one from AAP Convenor Arvind Kejriwal, in the Delhi excise policy case. The agency described the pleas as “frivolous, baseless, and contumacious” in a reply filed before the Delhi High Court. CBI argued that the allegations were vexatious and aimed at undermining the Court’s dignity.
The CBI’s detailed response stated that seeking the withdrawal of Justice Swarana Kanta Sharma based on frivolous grounds was inappropriate. The agency emphasized that such pleas lacked legal merit and could set a dangerous precedent for “forum shopping.” Refuting claims of bias, the CBI clarified that interim observations do not indicate a pre-determined mindset and cannot influence final decisions.
Responding to allegations regarding the judge’s alleged association with a legal organization, the CBI dismissed such assertions as baseless. The agency highlighted that attending a legal seminar should not warrant recusal, especially when the topic was non-political. The CBI cautioned against accepting recusal pleas based on prior judicial orders, as it could lead to undermining the rule of law and bench hunting practices.
The CBI stressed the importance of reasonable apprehension of bias and criticized the suppression of material facts in recusal pleas. The agency reiterated that litigants do not have the right to choose their bench and that the power to constitute benches lies with the Chief Justice of India. The development follows a recusal application by Kejriwal seeking the transfer of the matter from Justice Sharma’s Bench in the ongoing Delhi High Court proceedings.
