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Kejriwal Seeks Transfer of CBI Challenge to Excise-Case Discharge From Justice Sharma’s Bench

The plea asks the master of the roster to reassign the CBI’s revision after Justice Sharma’s bench questioned the trial court order.

Overview

  • Arvind Kejriwal, Manish Sisodia and others have written to Delhi High Court Chief Justice D K Upadhyaya seeking reassignment of the CBI’s revision petition, citing a reasonable apprehension of bias.
  • The request follows the March 9 order in which Justice Swarana Kanta Sharma issued notice to all 23 discharged accused and recorded that parts of the trial court’s findings appeared prima facie erroneous.
  • The High Court also stayed the trial court’s observations recommending departmental action against the CBI investigating officer and asked that related ED proceedings be deferred.
  • The AAP representation argues that interim interference with a discharge is extraordinary and points to Justice Sharma’s prior rulings in related matters to substantiate their concern.
  • Senior advocate Kirti Uppal separately wrote to the Chief Justice criticizing Kejriwal’s move as undermining judicial independence and urging consideration of action, including possible criminal contempt.