Justice Swarana Kanta Sharma of the Delhi High Court on Monday rejected pleas from AAP chief Arvind Kejriwal and others to recuse herself from the liquor policy case. In a lengthy pronouncement exceeding an hour, Justice Sharma asserted that litigants cannot "judge a judge" without evidence.
She stated that judges must not recuse themselves simply to appease a litigant's baseless fears of bias, noting that personal attacks on judges undermine the entire judiciary. Concluding that the recusal pleas were based on "perceived inclinations," she declared, "This court will stand up for itself and the institution.... I will not recuse."
A recusal plea by former Delhi Chief Minister Kejriwal has brought Justice Swarana Kanta Sharma into focus, with the Delhi High Court reserving its order in the excise policy case.
Hearing the matter, Justice Sharma remarked that it was the first time she had been asked to recuse, adding she had “learnt a lot about recusal jurisprudence” and hoped to deliver a sound judgment.
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The plea was filed after Kejriwal and others opposed her hearing the CBI's revision petition challenging their discharge.
The request cited alleged ideological links with the Akhil Bharatiya Adhivakta Parishad, considered close to the Rashtriya Swayamsevak Sangh, along with concerns of perceived bias and the pace of hearings in certain political cases.
Career and education
Justice Sharma's judicial career spans over three decades. She studied English Literature at the University of Delhi, graduating as the best all-round student from Daulat Ram College.
She completed her LLB in 1991 and LLM in 2004, later earning a PhD focused on judicial education and global best practices. She joined the judiciary at 24 as a magistrate and became a sessions judge at 35.
Before her elevation to the Delhi High Court in March 2022, she served as Principal District and Sessions Judge, including as Special Judge (CBI) at Rouse Avenue Court.
Author and jurist
Apart from her judicial work, Justice Sharma has authored books such as Don't Break After Break-Up, Beyond Baghban, Tumhari Sakhi, and Love Full Circle.
Her academic work, Judicial Education – Achieving Constitutional Vision of Justice, explores strengthening the justice system.
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Why the controversy?
Kejriwal argued that a detailed trial court discharge order was set aside within minutes, raising “serious apprehensions” of bias.
He also cited patterns in case listings and referred to social media posts as grounds for a perceived conflict of interest. The case also involves Manish Sisodia.
Key Observations
Justice Sharma has delivered notable rulings, observing that false rape allegations can leave lasting scars on the accused, stressing the impact of illegal migration on India's global standing, and underlining that homemakers' contributions cannot be dismissed as “idle.”
She has also emphasised public safety in civic works and prioritised a child's education in a parental dispute.
The court's pending decision on the recusal plea is likely to further shape the debate around judicial impartiality.
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