Kejriwal moves Supreme Court after HC rejects plea to shift bench in excise policy case

The legal battle over Delhi’s controversial excise policy has taken a new turn, with Arvind Kejriwal and senior AAP leader Manish Sisodia approaching the Supreme Court of India after the Chief Justice of the Delhi High Court rejected their request to transfer a key petition filed by the Central Bureau of Investigation (CBI) to another judge .

The request was declined by Delhi High Court Chief Justice D. K. Upadhyaya , who observed that the matter was assigned to Justice Swarana Kanta Sharma strictly according to the court’s roster system , leaving no administrative ground for a transfer . He also clarified that if a judge is to recuse from hearing a case, the decision must be taken by the judge concerned .

The CBI has challenged a trial court order that discharged Kejriwal, Sisodia and 21 others in the excise policy case. The petition is currently listed for hearing before Justice Sharma.

Kejriwal and other accused had earlier written to the Chief Justice seeking transfer of the matter to what they described as an “impartial” bench . In his representation, Kejriwal said he had a “grave, bona fide and reasonable apprehension” regarding the neutrality of the proceedings.

He pointed out that during an earlier hearing of the CBI’s revision petition, the court observed that the trial court’s discharge order appeared “prima facie erroneous” even before hearing arguments from the accused. Kejriwal also objected to the stay on the trial court’s recommendation seeking departmental action against the CBI investigating officer .

The trial court had earlier strongly criticised the investigation, saying the CBI’s case failed to withstand judicial scrutiny . The agency subsequently challenged that ruling in the High Court.

The development has triggered political reactions. The Aam Aadmi Party said the transfer request was aimed at ensuring fairness in the judicial process and reiterated its claim that the case was politically motivated . Leaders from the Bharatiya Janata Party, however, accused AAP of trying to delay the legal proceedings .

With the High Court declining the request, the matter has now reached the Supreme Court, which will decide the next course in the high profile excise policy case .