New Delhi, April 5 Former Chief Minister Arvind Kejriwal moved a plea in the Delhi High Court on Sunday, seeking the recusal of Justice Swarna Kanta Sharma in the matter concerning the CBI's plea against the discharge of the AAP convenor and all other accused in the liquor policy case.
According to sources privy to the development, Kejriwal is expected to appear in person to argue the application, which is likely to come up for hearing on Monday.
Similar pleas for recusal are also expected to be filed by other discharged accused, the sources said.
The Chief Justice of the Delhi High Court, D K Upadhyaya, had earlier declined Kejriwal's request to transfer the CBI's plea from Justice Swarna Kanta Sharma to another judge, stating that the decision to recuse rests with the concerned judge.
In a representation made on March 11, Kejriwal, along with AAP leader Manish Sisodia and other accused in the excise policy case, claimed there was a "grave, bona fide, and reasonable apprehension" that the hearing in the matter before Justice Sharma would not be impartial and neutral.
On February 27, the trial court discharged Kejriwal, Sisodia, and 21 others, and criticized the CBI, saying its case was wholly unable to withstand judicial scrutiny and stood discredited in its entirety.
On March 9, issuing notice to all 23 accused on CBI's plea against their discharge, Justice Sharma said that certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration.
Justice Sharma's bench also stayed the trial court's recommendation on the initiation of departmental action against the CBI's investigating officer in the liquor policy case.
On March 16, Justice Sharma granted time to former Kejriwal and others to respond to CBI's petition challenging their discharge.