Delhi Excise Policy Case: HC issues notice to CBI on Kejriwal’s recusal plea; reply sought by tomorrow

The Delhi High Court on Monday issued notice to the Central Bureau of Investigation (CBI) on a plea filed by Aam Aadmi Party (AAP) national convenor Arvind Kejriwal seeking the recusal of Justice Swarana Kanta Sharma from hearing the excise policy case. The court directed the CBI to file its response by the next day.

The Court was hearing the CBI’s plea challenging the discharge of Arvind Kejriwal and others in the excise policy case. Ahead of the hearing, Kejriwal appeared before the court and informed the bench that he had moved a recusal application. He stated that he would argue the matter in person.

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“I’ve filed a recusal application. Please take it on record,” Kejriwal submitted, adding that as a litigant appearing in person, he was unable to e-file the plea and requested the court to accept it formally. Recusal refers to a judge stepping aside from a case due to a possible conflict of interest or apprehension of bias.

#WATCH | AAP National Convenor Arvind Kejriwal says, “The matter is subjudice. It is a sensitive issue. I will not speak in the media about this matter. The next date of the hearing is on Monday at 2:30 PM. I will argue in my case…” https://t.co/n6CC0FwgwC pic.twitter.com/WtjdVNnUKc

— ANI (@ANI) April 6, 2026

CBI objects, raises procedural concerns

Solicitor General Tushar Mehta, representing the CBI, raised objections over the manner in which the plea was presented. He argued that the prosecution should be heard first and cautioned against repeated allegations targeting judicial institutions.

Mehta further submitted that Kejriwal cannot argue the case personally unless he discharges his counsel. “The court is not a forum for theatrics,” he remarked, while adding that there would be no objection if due procedure is followed.

Taking note of the submissions, the High Court issued notice on the recusal plea and listed the matter for further hearing on April 13.

Plea challenging discharge order

The case arises from the CBI’s appeal against a trial court order that discharged Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the excise policy case. The agency has termed the discharge order “exceptional” and argued it should not continue to operate.

In earlier hearings, the High Court had granted time to the accused to file their replies to the CBI’s petition. It also noted that related proceedings, including a Special Leave Petition and a writ petition, are pending before the Supreme Court.

Senior Advocate N. Hariharan, appearing for Kejriwal, had sought additional time, pointing out that the trial court’s order runs to nearly 500 pages and requires detailed consideration. He also informed the court about parallel proceedings before the apex court that may have a bearing on the matter.

The Delhi excise policy case relates to alleged irregularities in the formulation and implementation of the now-scrapped Excise Policy 2021–22. The matter is under investigation by the CBI and the Enforcement Directorate (ED).