Recusal controversy deepens as Arvind Kejriwal seeks judge’s withdrawal in Delhi excise policy case over conflict of interest concerns.
By Qalam Times News Network
New Delhi, April 15, 2026
New Affidavit Sparks Fresh Legal Controversy
Recusal has emerged as the central issue after Arvind Kejriwal filed a fresh affidavit in the Delhi High Court seeking the withdrawal of Justice Swarna Kanta Sharma from hearing petitions linked to the Delhi excise policy case. The affidavit raises concerns over a potential conflict of interest due to the professional engagements of the judge’s children with the central government.
The development has intensified the ongoing legal and political battle surrounding the alleged money laundering case investigated by the Enforcement Directorate (ED). Kejriwal has questioned whether he can expect a fair hearing under the current circumstances.
Allegations of Conflict of Interest
In his affidavit, Recusal is strongly argued on the grounds that Justice Sharma’s son and daughter are empanelled as legal representatives for the central government. Since the central government is a party in the case, Kejriwal contends that this creates a reasonable apprehension of bias.
The plea emphasizes a key legal principle — justice must not only be done but must also be seen to be done. According to the affidavit, the professional association of the judge’s immediate family with government legal panels could undermine public confidence in judicial neutrality.
Kejriwal further stated that both children are working under Solicitor General Tushar Mehta, who assigns them cases. This, he argued, could make it difficult for the judge to pass orders against the interests of the central government.
Reference to Earlier Judgment
The affidavit also refers to an earlier ruling by Justice Sharma, in which she upheld Kejriwal’s arrest. On April 9, 2024, the court dismissed his plea challenging the legality of his arrest, stating that the ED had sufficient prima facie evidence.
Kejriwal has now expressed doubts about receiving impartial justice in light of that decision and the alleged connections, requesting that the matter be reassigned to a different bench.
Background of the Case
- Arrest: Kejriwal was arrested on March 21, 2024, by the ED in connection with the Delhi excise policy case.
- Court Proceedings: His challenge to the arrest was rejected by the High Court.
- Supreme Court Relief: The case later reached the Supreme Court of India, where he was granted interim and subsequently regular bail.
What Happens Next?
The decision now rests with Justice Swarna Kanta Sharma on whether to step aside from the case. In legal practice, recusal is a matter of judicial discretion. If a judge perceives even a potential conflict of interest, the case may be transferred to another bench to preserve the integrity of the judicial process.
