Some Individuals 'Make A Career' Out Of Targeting Institutions: Centre Backs Judiciary On Kejriwal's Plea

New Delhi: Solicitor General of India (SGI) Tushar Mehta has warned against the trend of making “serious allegations” against judges and institutions to force recusal, while arguing against Arvind Kejriwal's plea asking Justice Swarana Kanta Sharma to recuse himself from the Delhi Excise policy case.

“Some people make a career out of making baseless allegations. This is for the first time that this respondent has made baseless allegations against this august institution. It’s not only frivolous and vexatious, it’s contemptuous also,” Mehta said on Tuesday.

“If Mr Kejriwal wants to appear personally, I have no objection. But then he will have to continue to appear personally. He cannot come once in the court for pure theatrics and thereafter let his lawyer argue. This forum is not for theatrics,” he added.

The Delhi High Court has issued notice to the Central Bureau of Investigation on Kejriwal's plea asking Justice Swarana Kanta Sharma to recuse himself from the case. Kejriwal told Justice Swarana Kanta Sharma that he will argue the recusal application himself.

“I have filed recusal application. This may be taken on record,” Kejriwal said at the court. In response, Mehta said, “Sir there is some decorum in court. This is my petition.”

“We have received 7 applications seeking your recusal. This is very serious,” SGI Mehta said to Justice Sharma, clearly stating, “Some people in this country make career out of making serious allegations. There are allegations against the institution and we will support the institution.”

Pointing out the problem in Kejriwal appearing in person as well as engaging with a lawyer, Mehta said, “I don't have any problem in him appearing in person but he also has engaged a lawyer. He has not discharged the lawyer. In case he has to appear, his lawyer cannot appear and henceforth he should only appear.”

Calling the application frivolous, and the allegations “vexatious,” the SGI said, “This is very serious which has happened in the capital of this country.”

Recusal Plea Against Sitting Judge

Kejriwal, along with Manish Sisodia and other accused, filed an application seeking the recusal of Justice Swarn Kanta Sharma from hearing the matter. The plea cites concerns over fairness and alleged bias based on certain observations made during earlier hearings.

The High Court is hearing a petition filed by the Central Bureau of Investigation (CBI), which has challenged the trial court’s order discharging Kejriwal, Sisodia and others in the case. The agency has argued that the discharge order should not remain in effect and requires judicial scrutiny.

Solicitor General Tushar Mehta, appearing for the CBI, argued that the matter does not require extensive replies and should be decided based on trial court records.

The case pertains to alleged irregularities in Delhi’s Excise Policy 2021–22, which was later scrapped following allegations of corruption. 

What Is The Case About

The Delhi government introduced the new excise policy in July 2021, calling it a reform intended to modernise liquor retail and increase revenue. However, in July 2022, the Delhi Chief Secretary submitted a report alleging irregularities in the policy’s design and implementation, following which the Lieutenant Governor recommended an investigation by the CBI. 

The CBI registered an FIR in August 2022 against then Delhi Excise Minister Manish Sisodia and others and carried out raids at multiple locations, including the Minister's residence. Facing mounting pressure, the Delhi government withdrew the policy in September 2022 and reverted to the earlier excise regime.

In February 2023, the CBI arrested Sisodia after questioning him in connection with the case. A month later, the ED arrested him in a money laundering case linked to the policy. In March 2024, Arvind Kejriwal was arrested by the Enforcement Directorate after skipping multiple summons, becoming the first sitting Chief Minister in India to be jailed. Sisodia was granted bail by the Supreme Court in August 2024 after spending 17 months in custody, while Kejriwal was released from Tihar Jail in September 2024 after securing bail in both the ED and CBI cases. 

On February 27, 2026, the Rouse Avenue Court discharged Kejriwal, Sisodia and all other accused in the case, citing lack of evidence and failure to prove a criminal conspiracy. The CBI has now challenged that order before the Delhi High Court. 

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