Arvind Kejriwal’s new affidavit in Delhi HC flags a “serious conflict of interest,” citing Justice Sharma’s children as empanelled Central Govt lawyers.
In a significant legal turn within the Delhi excise policy case, the former Chief Minister of Delhi has intensified his demand for a change of bench. Arvind Kejriwal’s new affidavit, filed before the Delhi High Court on Tuesday, reiterates his request for Justice Swarana Kanta Sharma to recuse herself from hearing the CBI’s appeal. The AAP leader has raised concerns regarding a potential “direct and serious” conflict of interest, citing the professional associations of the judge’s family members.
Allegations of Institutional Conflict
The core of Arvind Kejriwal’s new affidavit lies in the claim that Justice Sharma’s children are empanelled as counsel for the Central Government. According to the document, the judge’s son is a ‘Group A’ panel counsel for the Supreme Court, while her daughter is a ‘Group C’ counsel for the Supreme Court and also represents the Centre in the Delhi High Court.
Kejriwal argues that these positions are not merely ceremonial but involve active case allocations. The affidavit points out that the Solicitor General (SG), Tushar Mehta—who is representing the CBI in the current liquor policy matter—is the same authority responsible for assigning cases to these panel lawyers.
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Direct Apprehension of Bias
In the detailed submission of Arvind Kejriwal’s new affidavit, the AAP convenor stated that the apprehension of bias is “direct and serious.” He contended that it is difficult to overlook a situation where the prosecuting agency’s legal head is part of the same institutional mechanism that allocates professional work to the judge’s immediate family.
“The very law officer and legal establishment representing the prosecuting side before this court is also part of the institutional mechanism by which Central Government cases are allocated to the family members of the Hon’ble Judge,” the affidavit claimed.
RTI Findings and Case Numbers
Adding more weight to his plea, Arvind Kejriwal’s new affidavit refers to data reportedly obtained through Right to Information (RTI) queries. The affidavit alleges that:
In 2023, a total of 2,487 cases were assigned to the judge’s son.
This trend continued with 1,784 cases in 2024 and 1,633 cases in 2025.
The AAP leader suggests that such substantial professional engagement creates a structured interface with the Central Government that could perceive to influence judicial detachment.
Waiting for the High Court’s Verdict
This development comes just a day after Justice Swarana Kanta Sharma reserved her verdict on the recusal applications filed by Kejriwal and other accused. By filing Arvind Kejriwal’s new affidavit, the defense seeks to bring these “material facts” onto the official record before a final order is passed.
The Solicitor General has strongly opposed the move, labeling the recusal plea as “frivolous” and an attempt to intimidate the judiciary. The legal community now awaits the High Court’s decision on whether these grounds warrant a transfer of the case to another bench.
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