Justice Manoj Jain to hear Delhi Excise Policy case after recusal

Justice Manoj Jain of the Delhi High Court has been assigned to hear the high-profile Delhi Excise Policy case, a significant development following the recusal of Justice Swarana Kanta Sharma from the matter. This change occurred after Justice Sharma initiated criminal contempt proceedings against Delhi Chief Minister Arvind Kejriwal and several other leaders of the Aam Aadmi Party (AAP) for alleged defamatory and vilifying remarks made against her on social media in connection with the case. The Delhi Excise Policy case, which originated in 2022, involves allegations that the Delhi Excise Policy of 2021-22 was manipulated to facilitate cartelization and monopolization of the liquor trade in Delhi. The Central Bureau of Investigation (CBI) registered a First Information Report (FIR) alleging that AAP leaders received kickbacks from liquor manufacturers due to this policy manipulation. The Enforcement Directorate (ED) subsequently registered a case under the Prevention of Money Laundering Act (PMLA) in the same matter. Earlier this year, on February 27, a trial court had discharged Arvind Kejriwal and 22 other accused in the CBI case, criticizing the investigative agency for failing to establish a prima facie case and stating that Kejriwal was implicated without sufficient material. The CBI challenged this discharge order before the Delhi High Court, and the matter was initially assigned to Justice Swarana Kanta Sharma. During the proceedings before Justice Sharma, Arvind Kejriwal, Manish Sisodia, and other accused had filed applications seeking her recusal from the case. They cited an apprehension of bias, alleging a conflict of interest due to Justice Sharma's children serving as panel counsel for the Central government and her attendance at conferences organized by an organization ideologically opposed to AAP. Justice Sharma, however, initially rejected these recusal pleas on April 20, stating that accepting them would set a troubling precedent and that politicians could not be allowed to sow seeds of mistrust against the judiciary. However, the situation escalated when Justice Sharma took serious note of various social media posts and videos circulated by AAP leaders, including Kejriwal, Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra, and Saurabh Bharadwaj. These posts were deemed by the judge to be 'extremely vilifying, extremely contemptuous, and defamatory' and constituted a 'calculated campaign of vilification' against her and the judiciary. Consequently, on May 14, Justice Sharma initiated criminal contempt proceedings against these AAP leaders. Following the initiation of contempt proceedings, Justice Sharma decided to recuse herself from further hearing the excise policy case. She clarified that her recusal was not due to the recusal demands made by the accused, which she had already rejected. Instead, she stated that a judge initiating contempt proceedings could not continue to hear the main matter to avoid any apprehension of bias and ensure judicial discipline, especially since Kejriwal and Sisodia are accused in both cases. She emphasized that her decision was not a concession to the demands but a necessary step given the subsequent developments, reiterating that a judge pays a 'personal price for constitutional courage.' A division bench headed by Justice Navin Chawla will hear the contempt proceedings. Meanwhile, the main excise policy case, specifically the CBI's petition challenging the discharge of Kejriwal and others by the trial court, will now be heard by Justice Manoj Jain. This reassignment ensures that the core legal arguments regarding the alleged liquor scam continue under a new judicial eye, even as the contempt allegations against AAP leaders are addressed separately.

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