Justice Swarana Kanta Sharma flatly refused to recuse herself from hearing the excise case after Arvind Kejriwal sought her dismissal saying, “Main kahin nahi jaa rahi, main apni duty puri karke jaungi” (I am not going anywhere, I will leave only after my duty is done). Emphasizing judicial responsibility, she said there were no valid reasons to recuse herself as she pointed out that the court cannot stand back or step back and let the credibility of the institution be questioned, the Bar and Bench said.
In her final order, Justice Swarana Kanta Sharma said, “I have decided fearlessly on all the issues before me. The robes that this court wears cannot be burdened by allegations and innuendos. This court will stand up for itself when such a stand is called for, however difficult it may seem.”
“This court will not yield or back down if it affects the credibility of the institution itself. It will not be justice administered, but justice administered. As the curtains are drawn, I must add that the file that called for retaliation did not arrive with evidence; it arrived on my desk with innuendo, innuendo and doubt cast on my integrity, fairness and impartiality,” said Judge Jarahin. Main puri jaai karai.
“The litigant has no right . . .”
Talking about Arvind Kejriwal’s impeachment, the judge said the easier way would have been to impeach but “the question now was the fairness of the judge and the institution itself”.
Referring to the order in which the ex parte order was passed in favor of Arvind Kejriwal, the judge said no allegations of bias or ideological leanings were made then. She also addressed the allegation that the Supreme Court quashed her orders saying, “Agar kisi judge ka order koi high court quashed kar de nam litigation ko ye law nhi milta ki wo yaha khada ho ke ye bole ki ye judge case sunne layak nhi hai.” (If a higher court vacates an order made by a judge, that does not give the litigant the right to come forward and say that judge is not competent to hear the case.)
“As an officer of this court, I am aware of the fact that a lie, even if it is repeated a thousand times in court or on social media, does not become the truth. It remains a lie. The truth does not lose its power just because a lie is repeated several times.”
She said Arvind Kejriwal had created a “win-win situation” for himself. “If he does not get relief, he will say that he had already foreseen the result. If he gets relief, he can say that the court acted under pressure,” the judge said.
Justice Swarana Kanta Sharma said that if she refused to hear the case further, it would lead the public to believe that “judges are associated with a particular political party or ideology”.
“This court, by writing an appeal, cannot allow that.
