Kejriwal’s letter to Justice Swarana Kanta Sharma stirs fresh row, former U’khand HC judge calls it ‘contempt of court’

New Delhi: Justice Lokpal Singh, a former judge of the Uttarakhand High Court, on Monday reacted strongly to a letter penned by Arvind Kejriwal to Delhi High Court judge Swarana Kanta Sharma, in which the Aam Aadmi Party (AAP) national convenor stated that he would neither appear before her personally nor be represented by legal counsel in proceedings related to the Delhi Excise Policy case.

In his communication, Kejriwal said that he has lost hope of getting justice from the judge and would follow Mahatma Gandhi’s path of “Satyagraha”. He said the decision was taken after listening to his “inner voice” and added that he would reserve his right to challenge any order before the Supreme Court.

“My hope of getting justice from Justice Swarana Kanta is shattered. Therefore, I have decided to follow Gandhiji’s Satyagraha. I have made a decision based on the voice of my conscience. I will reserve the right to appeal Justice Swarn Kanta’s decision in the Supreme Court,” the letter stated.

The latest development comes days after Justice Sharma had rejected Kejriwal’s plea seeking her recusal from hearing matters connected to the alleged Delhi Excise Policy case.

Reacting to Kejriwal’s unprecedented action, former Uttarakhand High Court judge Justice Lokpal Singh told IANS, “The letter written by Arvind Kejriwal should be seen as a case of contempt of court. Once a decision had come against him, where Justice Sharma refused to recuse herself from the case, he had the right to challenge that order. But nowhere in the rules of procedure is there any provision to write such a letter to a judge.”

“Now, Arvind Kejriwal is saying that he will not appear in court himself and will also not arrange for a lawyer to appear on his behalf, and he will challenge the decision in the Supreme Court. It’s his right to appear for the hearing or not, and the court will take its decision,” he said.

He further described Kejriwal’s assertions as “childish”, adding that the AAP leader had entered politics on principles but is now facing multiple allegations, including those related to the excise policy case.

“Our court system has a hierarchy — there are subordinate courts, then High Courts, and then the Supreme Court. If anyone starts making such allegations, the system cannot function properly. Making allegations against a judge is very easy, but judges work on merit and base their decisions on merit,” he said.

“When someone gets a favourable order from a judge, they consider that judge to be good. But here, even before the hearing is complete, it is being assumed that the judge will rule against them. Arvind Kejriwal should wait to see what order the judge passes. He should participate in the proceedings, present his case, and explain before the High Court on what grounds he seeks discharge. Without presenting arguments, how can the process move forward?” Singh added.

He also cautioned against a broader trend of targeting judges, stating, “People like Arvind Kejriwal can make allegations against any Judge, and if such cases continue to emerge and judges continue to recuse themselves, then it will give a wrong signal to everyone. Justice Swarana Kanta has taken the right decision by not recusing herself from the case. She should continue with the hearing as she has expertise in such cases. Appearing or not, is something that Kejriwal has to make a decision on.”

“It’s always easy for a person like Kejriwal to make allegations against anyone, be it judges of the High Court or the Supreme Court or any politician. He has made several allegations against ministers, and then when proven wrong, he apologises,” Singh added.

IANS