Delhi High Court judge Swarana Kanta Sharma on Monday refused to recuse herself from hearing the liquor policy case, rejecting pleas filed by Arvind Kejriwal and other Aam Aadmi Party leaders. Delivering an order that lasted over an hour, the judge said a litigant cannot be allowed to question a judge without material and that recusal cannot be sought on the basis of unfounded apprehensions of bias.

She also observed that a political leader cannot be allowed to undermine an institution without basis, adding that a personal attack on a judge amounts to an attack on the judiciary.

Justice Sharma said the recusal pleas were based on conjectures and “perceived inclinations”.

“I reject the applications because my oath is to my constitution,” the court said, adding, “Justice never bows to any pressure. My loyalty is to the Constitution.” She asserted, “I will not recuse.”

Kejriwal had objected to the judge hearing the Central Bureau of Investigation’s plea against his discharge in the case, citing her earlier orders denying him relief on his petition challenging his arrest and rejecting bail pleas of other accused, including Manish Sisodia and K Kavitha.

Apart from Kejriwal, recusal applications were also filed by AAP leaders Sisodia and Durgesh Pathak, as well as other accused including Vijay Nair and Arun Ramchandra Pillai.

Solicitor General Tushar Mehta appeared for the Central Bureau of Investigation and opposed the pleas. He had earlier urged the court to initiate contempt action against the applicants for seeking recusal.

The SG said the court had upheld the oath of constitutional office without fear and had only laid down the law in its judgment.

On February 27, a trial court discharged Kejriwal, Sisodia and others in the case, observing that the CBI’s case could not withstand judicial scrutiny and stood discredited.

The court will now hear the main matter on April 29 and 30, when the CBI will present its arguments. Arguments on behalf of the accused are scheduled from May 4 to May 8.

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