Former Delhi Chief Minister Arvind Kejriwal has said he will not appear before Justice Swarana Kanta Sharma in the excise policy case. He claimed that he has lost faith in her ability to deliver justice.
In a letter to the judge, Kejriwal said he is following Gandhian principles of “Satyagraha” and will not take part in the case in her court, either personally or through his lawyer.
He wrote that he took this step because he believes the court proceedings do not meet the basic principle that justice should not only be done but should also be seen to be done.
Kejriwal had earlier asked the judge to step aside from the case, but the request was rejected. He had alleged a conflict of interest, saying that the judge’s children work as panel lawyers for the central government and have links with Tushar Mehta, who is appearing in the case.
However, the judge dismissed these claims and refused to recuse herself. She said her duty is to the Constitution and that she will decide the case without any bias or pressure.
Justice Sharma also said there is a general belief that judges act fairly, and such claims must be backed by strong evidence, which was not provided in this case.
Legal experts have warned that Kejriwal’s decision not to appear in court could create problems for him. Senior advocate Satish Tamta said that if an accused does not appear in court during appeal proceedings, the court can issue a warrant, starting with a bailable warrant and then a non-bailable one if needed.
The case is related to the Delhi excise policy and began after the Central Bureau of Investigation challenged a trial court order that had cleared Kejriwal and others.
The Delhi High Court had earlier taken note of the case and raised questions about the lower court’s findings, leading to fresh proceedings.
Kejriwal has said the case is politically motivated and has kept the option open to approach the Supreme Court.
His refusal to appear in court marks a serious turn in the case, and the legal situation may become more complex in the coming days.
