New Delhi: A group of senior advocates, academicians, former police officials and members of the Bar have written to the Chief Justice of India (CJI), expressing concern over allegations made by former Delhi Chief Minister Arvind Kejriwal against a sitting judge of the Delhi High Court and seeking initiation of suo motu proceedings to protect the dignity of the judiciary.
The representation, addressed to CJI Surya Kant, comes against the backdrop of Kejriwal’s plea before the Supreme Court challenging the Delhi High Court’s refusal, on the administrative side, to transfer the CBI’s revision petition in the Delhi excise policy case from the Bench of Justice Swarana Kanta Sharma.
The signatories said the allegations levelled against a sitting judge are “unprecedented” and raise serious concerns about judicial propriety and institutional integrity.
“It is a settled principle that a litigant cannot choose the Bench or the Judge before whom their case is to be heard,” the representation stated, adding that “openly attributing bias or motives to a sitting Judge, without any substantiated basis, strikes at the very foundation of judicial propriety, ethics, and discipline.”
The signatories cautioned that permitting such conduct to go unchecked could create a dangerous precedent, enabling litigants to undermine the authority of courts and erode public confidence in the justice delivery system.
“Permitting such conduct to go unchecked would set a dangerous precedent, enabling litigants to undermine the authority of courts and erode public confidence in the administration of justice,” the representation said.
The group urged the CJI, as “the custodian and guardian of the judicial system”, to take cognisance of the matter and consider appropriate action in accordance with law.
In a separate representation seeking initiation of suo motu contempt proceedings against Kejriwal, the signatories said that baseless allegations against judges have the potential to interfere with the administration of justice and undermine the authority of courts.
“The independence of the judiciary is the bedrock of the Constitution and the rule of law. The credibility of the judicial system depends upon the public perception that judges discharge their constitutional duties impartially, without fear or favour,” the representation said.
Referring to the law on criminal contempt under the Contempt of Courts Act, 1971, the members of the Bar said that imputing motives to judges, which scandalises the court, lowers the authority of the judiciary, or interferes with judicial proceedings, amounts to criminal contempt.
“It is therefore deeply concerning that attempts appear to have been made to publicly question the impartiality and integrity of a sitting judge,” the representation added.
The signatories said that if such actions remain unaddressed, litigants may attempt to pressure courts or discredit judges whenever judicial orders do not favour them.
“The strength of our democracy lies in the respect we accord to constitutional institutions, and the judiciary must remain above political contestation or public vilification,” the representation said.
Among those who signed the representation are senior advocate Pinky Anand, former Director General of Police (Jharkhand) Nirmal Kaur, Gujarat University Vice Chancellor Neerja Gupta, former Nalanda University Vice Chancellor Sunaina Singh, and former Delhi High Court Bar Association president Kirti Uppal, among others.
The development comes days after Kejriwal approached the Supreme Court challenging the decision of the Delhi High Court Chief Justice declining his request to transfer the hearing of the CBI’s plea in the Delhi excise policy case from the Bench of Justice Sharma.
Kejriwal has contended that the refusal to transfer the matter raises a “grave, bona fide and reasonable apprehension” that the case may not receive a hearing marked by impartiality and neutrality.
The request for transfer was declined by the Delhi High Court administration, stating that the matter had been assigned to Justice Sharma in accordance with the existing roster and there was no reason to reassign it.
Earlier, the Rouse Avenue Court had discharged all 23 accused, including Kejriwal and former Delhi Deputy Chief Minister Manish Sisodia, in the alleged corruption case linked to the now-scrapped Delhi Excise Policy 2021–22 introduced by then AAP-led city government.
(IANS)
