Shafaqna India: Aam Aadmi Party chief Arvind Kejriwal has written to Delhi High Court Justice Swarana Kanta Sharma, saying he will not appear in the excise case personally or through a lawyer before her, the party said on Monday.
The former Delhi Chief Minister said he has made the decision by listening to the voice of his conscience.
In a detailed letter addressed to the judge, Kejriwal said his decision was not rooted in anger or disrespect but in “pain, with humility, and with an abiding faith in the role of judiciary.” He added that the issue raised in his letter concerns “the faith of ordinary citizens in the impartiality of the judicial process.”
The development comes days after the High Court, on April 20, dismissed Kejriwal’s plea seeking recusal of Justice Sharma from hearing the matter.
Reflecting on the order, Kejriwal wrote that his “well-grounded apprehensions… have not been removed,” adding that he was left with the “painful and inescapable impression” that his concerns had been treated “as a personal attack upon Your Ladyship and as an assault on the institution itself.”
“That understanding itself now makes it impossible for me to believe that I can receive a hearing which appears impartial in this Court,” he said.
Invoking Mahatma Gandhi and the principle of Satyagraha, the AAP leader said his course of action followed reflection, dialogue, and willingness to bear consequences.
“It is the quiet insistence of conscience, expressed with civility, restraint, and a willingness to suffer,” he wrote, explaining his decision to withdraw from participation.
Kejriwal reiterated concerns he had earlier raised in his recusal application. Among them was the judge’s alleged public association with the Akhil Bharatiya Adhivakta Parishad (ABAP), which he described as “an organisation belonging to the ideological ecosystem of the ruling dispensation.”
“When Your Ladyship has been frequently attending their programmes, how can I hope to get justice from this Hon’ble Court?” he asked. He also referred to remarks by former Supreme Court judge Abhay S Oka, stating that the concern was “neither fanciful nor idiosyncratic.”
A second and “far more serious issue,” Kejriwal wrote, related to an alleged conflict of interest involving the professional engagements of the judge’s children, who are empanelled with the Union Government. He noted that the Central Bureau of Investigation (CBI), represented by Solicitor General Tushar Mehta, is the opposing party in the case.
“If more cases are assigned to them, they get more fees,” he wrote, adding that RTI material indicated one of the judge’s children handled “5,904 [dockets] between 2023 and 2025.”
Kejriwal argued that such volumes could translate into “very substantial professional remuneration,” stating that each docket carried an appearance fee of Rs 9,000 per day.
Referring to the language of the order rejecting recusal, Kejriwal said it conveyed that his plea had been perceived as an attempt to “prove that ‘the Judge herself is tainted’” and to “intimidate” the court.
“Those are not, with respect, answers to the case I had brought,” he wrote, adding that this made it difficult for him to expect a hearing “on a wholly clean slate.”
He further questioned whether “an ordinary citizen” could believe the Bench could rule against the Union Government in a politically sensitive matter. “The outcome appears to be strongly tilted in one direction irrespective of the merits,” he stated.
Announcing his decision, Kejriwal said he would not participate further in the case “either in person or through counsel,” even while acknowledging that the move could prejudice his legal interests. “I am prepared to bear those consequences,” he wrote, describing the decision as consistent with Gandhian satyagraha.
He clarified that his stance was limited to this case and similar situations and should not be interpreted as a refusal to appear before the judge in all matters.
Kejriwal emphasised that his stand was not against the judiciary as an institution. “My faith in the Constitution of India remains unwavering. My respect for the judiciary remains intact,” he said.
He added that he reserved the right to challenge the recusal order and pursue legal remedies before the Supreme Court. The letter concludes with a request that it be taken on record and that the court proceed as it deems fit.
