Former Delhi Chief Minister Arvind Kejriwal on Sunday moved the Delhi High Court seeking the recusal of Justice Swarana Kanta Sharma from hearing the Central Bureau of Investigation’s (CBI) plea challenging the discharge of the Aam Aadmi Party (AAP) chief and other accused in the Delhi excise policy case.
The development marks a significant turn in the high-profile case, which has both legal and political ramifications.
Who Is Justice Swarana Kanta Sharma?
Justice Swarana Kanta Sharma was elevated as a permanent judge of the Delhi High Court on March 28, 2022. Prior to her elevation, she began her judicial career as a magistrate at the age of 24 and later served as Principal District and Sessions Judge-cum-Special Judge (CBI) at Rouse Avenue Court.
She holds an LL.B. (1991), LL.M. (2004), and a Ph.D. (2025) in judicial education, and has presided over a wide range of civil, criminal, and special courts, including Mahila courts. She is also the author of several books on judicial education and social justice issues.
What Is Kejriwal’s Plea?
Kejriwal, along with AAP leader Manish Sisodia and other accused, has argued that there exists a “reasonable apprehension” regarding the impartiality of proceedings before Justice Sharma.
In his submission, Kejriwal cited the judge’s prior observations in the case, particularly her prima facie remark that the trial court’s discharge order appeared “erroneous” at an early stage, allegedly without hearing the defence.
He also pointed to the stay granted by the High Court on the trial court’s recommendation for departmental action against the CBI investigating officer, describing it as a significant relief granted prematurely. Additionally, references were made to instances where higher courts had set aside certain orders linked to the excise policy investigation.
A similar recusal plea is expected from other accused in the case.
Earlier, on March 13, 2026, Chief Justice Devendra Kumar Upadhyaya rejected Kejriwal’s administrative request to transfer the matter, stating that the case had been assigned as per the roster and that any recusal request must be addressed directly to the presiding judge.
Subsequently, Kejriwal approached the Supreme Court and, on April 6, 2026, appeared in person before the High Court to press for recusal.
What Is the Delhi Liquor Policy Case?
The Delhi liquor policy case pertains to alleged irregularities and corruption in the formulation and implementation of the Delhi Excise Policy 2021–22.
Introduced by the AAP government in November 2021, the policy aimed to privatise liquor retail in Delhi, allowing private entities to operate all retail outlets. It also permitted flexible pricing, discounts, and extended operational hours, with the stated objective of boosting revenue and improving consumer experience.
However, following a report by the Delhi Chief Secretary in July 2022, the policy was scrapped. Investigations were subsequently launched by the Central Bureau of Investigation and the Enforcement Directorate.
Agencies alleged that the policy was manipulated to favour certain groups in exchange for kickbacks amounting to ₹100 crore. It was further claimed that wholesale profit margins were increased to facilitate these transactions and that the proceeds were used to fund election campaigns.
Key Arrests and Developments
A total of 23 individuals were arrested during the course of the investigation, including several high-profile political figures:
- Manish Sisodia – Arrested in February 2023; later granted bail by the Supreme Court in August 2024 after approximately 17 months in custody
- Arvind Kejriwal – Arrested in March 2024; granted bail in September 2024 after around five months in custody
- Sanjay Singh – Arrested in October 2023; released on bail in April 2024
- K. Kavitha – Arrested in March 2024; granted bail in August 2024
- Vijay Nair – Arrested in September 2022; released on bail in September 2024
Current Status of the Case
On February 27, 2026, a special trial court discharged all 23 accused, ruling that the CBI’s case lacked a prima facie evidentiary basis and was founded on conjecture.
The CBI has challenged this order before the Delhi High Court. On March 9, Justice Sharma issued notices to the accused and stayed certain adverse observations made by the trial court against the investigating agencies.
Separately, the Enforcement Directorate has filed proceedings related to compliance issues, with the High Court scheduled to hear the matter later this month.
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