An unusually high media presence combined with a heavy police bandobast was the first indication that a high-profile matter was going to be heard in the Delhi High Court.

Former Delhi chief minister Arvind Kejriwal was going to personally argue his case seeking Justice Swarna Kanta Sharma’s recusal from hearing a plea filed by the Central Bureau of Investigation (CBI) challenging his discharge in the liquor scam case.

On February 27, a trial court in Delhi discharged – an instance where the judge finds no reason to start a trial against an accused – Kejriwal, ex-Delhi deputy chief minister Manish Sisodia and 21 others in the liquor policy case. The trial court had pulled up the CBI and observed that the case was wholly unable to survive judicial scrutiny and stood discredited in its entirety. Kejriwal’s plea seeking recusal of the high court judge came days after the matter was listed before Justice Sharma in the high court. 

On Monday, he submitted at least 10 reasons why he wanted Justice Sharma to recuse herself.

The chaos seen around the Delhi High Court’s main gate was mirrored inside as well, evident from the large crowd of lawyers, and journalists gathered outside Justice Sharma’s courtroom – the battleground where Kejriwal was going to personally argue his case seeking her recusal from hearing CBI’s challenge against his discharge in the liquor scam case.

As the clock turned 2 pm, there was a rush to enter the courtroom which was surprisingly bereft of chairs (only three chairs were kept, perhaps to accommodate more people), considering the high interest in this matter.

By the time the matter began at 2:50 pm, the courtroom was packed to its gills. Lawyers and journalists adjusted themselves like Tetris blocks – making just enough space to (breathe) and work, even as files, laptops and iPads were passed back and forth hand to hand above everyone’s heads.

The March 9 “ex parte” order and other reasons why

One of Kejriwal’s core grievance stems from the “undue haste” in which Justice Swarna Kanta Sharma passed the March 9 order – the first day of hearing in CBI’s plea – partially staying the trial court judgment, made “prima facie” observations on the trial court’s observations saying they were “erroneous” and needed reconsideration, and stayed the recommendation to initiate departmental proceedings against the CBI officer probing the case.

“I felt hurt,” Kejriwal repeatedly submitted.

“When this order came, my heart dropped,” Kejriwal told the court in Hindi. “I had doubts whether court is biased and if I will get justice here,” he said, adding that these doubts prompted him to write to the Delhi........

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