Kamal Ghorui
NEW DELHI: The Delhi high court’s Justice Swarana Kanta Sharma on Monday refused to recuse herself from hearing the matter involving former chief minister Arvind Kejriwal in the liquor policy case, observing that “impartiality is a presumption in favour of a judge” and that it’s not a “legal requirement but an ethical one”.Justice Sharma said “a politician cannot be permitted to cross the boundary and cannot judge judicial competence”.“Floodgates of court cannot be opened by allowing a litigant to plant seeds of distrust solely on this basis,” she was quoted as saying by Live Law.She said that when person seeks recusal, that presumption has to be rebutted by litigant, further noting that “mere apprehension or personal perception of litigant is not enough”.Kejriwal had appeared in person before the court seeking recusal of Justice Swarana Kanta Sharma from hearing a CBI petition challenging his discharge in the liquor policy case.In the application, Kejriwal claimed that there was a grave, bona fide, and reasonable apprehension that the hearing in the matter before her would not be impartial and neutral.His plea stated that she has heard multiple cases arising from the CBI FIR, including Kejriwal’s petition against his arrest, and never given relief to any of the accused.
