Excise policy case: CBI opposes Kejriwal’s affidavit in recusal plea, calls it ‘belated afterthought’​

New Delhi, April 16 (IANS) The Central Bureau of Investigation (CBI) has opposed the additional affidavit filed by Aam Aadmi Party (AAP) national convenor Arvind Kejriwal in support of his plea seeking recusal of Justice Swarana Kanta Sharma from hearing the Delhi excise policy case, terming it a “belated afterthought” aimed at maligning institutions and exerting pressure on the judiciary. ​

In written submissions filed before the Delhi High Court, the Central probe agency contended that Kejriwal’s affidavit dated April 14 was submitted after conclusion of arguments and reservation of judgment on the recusal plea, and therefore amounted to an attempt to “further malign the institutions and individuals”. ​

“This written submission is filed only to oppose a belated attempt to further malign the institutions and individuals by way of filing an affidavit dated 14.04.2026, which is clearly an afterthought,” the CBI said. ​

The CBI alleged that Kejriwal’s conduct amounted to an attempt to “embarrass, malign, browbeat and pressurise” the court, and argued that entertaining such allegations would have serious institutional consequences for the judiciary. ​

“This case should, therefore, be taken as a test case in the larger interest of institutional integrity, majesty of the courts throughout the country and an opportunity to curb such sharp practices by nipping them in the bud,” the probe agency submitted. ​

Refuting Kejriwal’s allegations of conflict of interest arising from the empanelment of Justice Sharma’s immediate family members as government panel counsel, the CBI contended that acceptance of such a plea would effectively disqualify judges across the country from hearing matters involving governments or public sector undertakings merely because their relatives are on legal panels. ​

“All learned Judges throughout the country will be disqualified to hear matters about such Government/s or matters of any political leader, small or big, if their relatives are on any government panel of the Central Government or State Government,” the CBI said. ​

The probe agency further claimed that the information relied upon in Kejriwal’s affidavit had been “deliberately misrepresented” through social media and was based on a misunderstanding of docket allocation records under the RTI Act. ​

According to the CBI, the RTI information disclosed only the “number of dockets” issued to panel lawyers and not the number of matters assigned to them. ​

“The figure being maliciously paddled in social media conveying ‘the number of matters assigned’ is mischievously wrong since the figure shows ‘number of dockets’,” the CBI said. ​

The Central agency also suggested that the RTI mechanism had been used at Kejriwal’s behest as part of a coordinated strategy to build pressure on the Delhi High Court, referring to the timing of the RTI application, subsequent social media posts, and retweets by Kejriwal and AAP leaders. ​

It further alleged that Kejriwal had earlier filed proceedings before the Supreme Court seeking transfer of the matter from Justice Sharma but did not pursue them, claiming the move was intended only to create pressure and malign the institution. ​

“It is visibly clear that the respondent no. 18 is aware that it is impossible to sustain and successfully defend the order of discharge… and therefore he is doing everything to ensure that the matter is not heard on merits,” the CBI said. ​

The additional affidavit has been filed in the pending recusal application moved by Kejriwal and other accused seeking transfer of the hearing on the CBI’s revision plea to another Bench. ​

Earlier, after hearing detailed submissions from Kejriwal, who appeared in person, and Solicitor General Tushar Mehta for the probe agency, the Delhi High Court had reserved its verdict on the recusal plea.

​The recusal application was filed in proceedings arising out of the CBI’s revision petition challenging a trial court order discharging Kejriwal, former Deputy Chief Minister Manish Sisodia, and other accused in the alleged corruption case linked to the now-scrapped Delhi Excise Policy 2021–22.

–IANS

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