Daijiworld Media Network - New Delhi
New Delhi, Mar 18: A group of senior advocates, academics, former police officials and members of the Bar has written to the Chief Justice of India, Justice Surya Kant, raising concerns over allegations made by former Delhi chief minister Arvind Kejriwal against a sitting judge of the Delhi High Court. The group has urged the chief justice to consider initiating suo motu proceedings to safeguard the dignity and independence of the judiciary.
The representation comes after Kejriwal moved the Supreme Court challenging the Delhi High Court administration’s decision not to transfer the CBI’s revision petition in the Delhi excise policy case from the bench of justice Swarana Kanta Sharma.
According to the signatories, the accusations directed at a sitting judge are highly unusual and raise significant questions about judicial propriety and the integrity of the institution. They emphasised that it is a well-established legal principle that litigants cannot select the judge or bench that will hear their case.
The representation noted that publicly alleging bias or improper motives against a judge without credible evidence undermines the basic principles of judicial discipline and ethics. The signatories warned that if such conduct is allowed to continue without scrutiny, it could weaken the authority of courts and damage public trust in the justice delivery system.
They further cautioned that unchecked allegations against judges may create a precedent where litigants attempt to influence proceedings or challenge the credibility of judges whenever court decisions go against them.
Describing the Chief Justice of India as the “guardian of the judicial system,” the group called on him to take cognisance of the matter and consider appropriate action under the law.
In a separate communication, the signatories also sought the initiation of suo motu contempt proceedings against Kejriwal. They argued that unsubstantiated claims against members of the judiciary can interfere with the administration of justice and diminish the authority of courts.
The representation stressed that judicial independence forms the cornerstone of the Constitution and the rule of law. Public confidence in the judiciary, they said, rests on the belief that judges perform their duties fairly, impartially and without external pressure.
Referring to provisions of the Contempt of Courts Act, 1971, the members of the Bar pointed out that making allegations that scandalise the court, question the integrity of judges, or obstruct judicial proceedings may amount to criminal contempt.
They added that attempts to cast doubt on the impartiality of a sitting judge are deeply troubling and, if ignored, could embolden litigants to pressure courts or publicly discredit judges when rulings do not favour them.
“The strength of our democracy depends on the respect shown to constitutional institutions, and the judiciary must remain insulated from political disputes and public attacks,” the representation stated.
Among those who signed the letter are senior advocate Pinky Anand, former Jharkhand Director General of Police 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 follows Kejriwal’s recent petition before the Supreme Court challenging the decision of the Delhi High Court Chief Justice to deny his request to transfer the hearing of the CBI’s revision plea in the Delhi excise policy case from Justice Sharma’s bench.
Kejriwal has argued that the refusal to transfer the matter creates a “serious and reasonable apprehension” that the case may not be heard with complete neutrality.
However, the Delhi High Court administration rejected the transfer request, stating that the case had been assigned to Justice Sharma in accordance with the court’s roster system and that there was no justification to change the bench.
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, which had been introduced by the Aam Aadmi Party-led Delhi government.