Kejriwal's plea: Delhi HC reschedules order, to hear rejoinder row

The Delhi High Court rescheduled its order on Arvind Kejriwal's recusal plea in the excise policy case. The court permitted his late rejoinder filing as an 'indulgence' despite strong opposition from Solicitor General Tushar Mehta.

The Delhi High Court on Monday rescheduled the pronouncement of its order to 4:30 PM in AAP chief Arvind Kejriwal's plea seeking recusal of Justice Swarana Kanta Sharma in the excise policy case. The matter, which was earlier listed for 2:30 PM, will now be taken up later in the day for pronouncement.

Debate Over Kejriwal's Rejoinder

During the proceedings, Kejriwal appeared virtually before Justice Sharma and requested the Court to take his rejoinder on record, stating, "Ma'am, I have filed my rejoinder. That may be taken on record."

Solicitor General Tushar Mehta also appeared virtually and strongly opposed the request. The Solicitor General argued that once a matter is reserved for judgment, no further pleadings are ordinarily taken on record in courts across the country. He submitted that there is no established procedure for filing a rejoinder to written submissions and urged the Court to follow a uniform practice applicable to all litigants.

Responding to this, Kejriwal contended that the Registry was not accepting his filing and argued that if his rejoinder was not taken on record, it would result in a "miscarriage of justice."

Court Allows Rejoinder as 'Indulgence'

Justice Swarana Kanta Sharma, while addressing Kejriwal, remarked that he should refrain from making such statements and noted that the Court had already gone "out of the way" earlier by taking his additional affidavit on record after reserving judgment. The judge observed that court procedures cannot be altered for any individual and emphasised that the matter was not extraordinary but similar to other cases.

The Court also noted that written submissions do not ordinarily invite rejoinders and that Kejriwal had already been given an opportunity to file his submissions earlier. However, in an indulgent move, Justice Sharma stated that since the judgment was to be pronounced the same day, the Court would take Kejriwal's rejoinder on record by treating it as a written statement.

"I am giving this indulgence," the judge said, while reiterating that procedural rules cannot be changed for a particular litigant. The Solicitor General objected, remarking that "no other common litigant would have received such benefit."

Background of the Recusal Plea

Earlier, the High Court had taken on record Kejriwal's additional affidavit raising concerns of perceived conflict of interest, while the CBI had opposed the plea, warning that accepting such grounds would effectively disqualify judges from hearing government-related matters. The case pertains to the Delhi Excise Policy 2021-22 matter, where the CBI has challenged the discharge of Kejriwal, Manish Sisodia, and others.

The High Court is now set to pronounce its order on the recusal plea at 4:30 PM today. (ANI)

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