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NEW DELHI: The Delhi high court on Tuesday issued notices to former Delhi chief minister Arvind Kejriwal, ex-deputy CM Manish Sisodia and other AAP leaders in a criminal contempt case linked to alleged “vilifying” and defamatory social media posts targeting a judge.A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja issued contempt notices over alleged remarks made against Justice Swarana Kanta Sharma in connection with the Delhi excise policy caseThe high court also granted four weeks to AAP politicians to file their responses in the matter. The next hearing has been scheduled for August 4.The contempt proceedings stem from the ongoing Delhi excise policy case, in which the Central Bureau of Investigation (CBI) has challenged a trial court order discharging Kejriwal, Sisodia and 21 others.The contempt case relates to allegations that certain social media posts and online campaigns attempted to scandalise the judiciary and undermine the authority of the court after Justice Sharma declined to recuse herself from hearing the matter.During the hearing, the division nench observed that the proceedings arose “based on the judgment dated May 14 passed by the single judge of this court.”
Contempt proceedings shifted to another bench
Justice Sharma had earlier observed that “extremely vilifying, extremely contemptuous, and defamatory material” was being circulated against her and the court. She said she had decided to initiate contempt proceedings against some respondents and other alleged contemnors.The judge, however, clarified that she was not recusing herself from the excise policy matter but transferred the main case to another bench on grounds of “judicial propriety and discipline” after initiating contempt proceedings.The contempt matter has now been assigned to a division bench comprising Justices Navin Chawla and Ravinder Dudeja, while Justice Manoj Jain is expected to hear the CBI’s revision plea challenging the discharge order.The division bench also noted that Justice Sharma, while initiating contempt proceedings, had relied on material including social media posts, electronic records and publication records.“In the judgment, the single judge has placed reliance on material in the form of social media posts, electronic records and publication records. Registry is directed to preserve copies of the same and place them before this Court,” the Bench observed, according to news agency ANI.The court further recorded that the Additional Public Prosecutor accepted notice on behalf of the State. The Bench also indicated that an amicus curiae would be appointed to assist the court.
Background of excise policy case
The controversy began after a trial court on February 27 discharged Kejriwal, Sisodia and 21 others in the alleged liquor policy irregularities case, ruling that the prosecution’s case “stood entirely discredited”.Justice Sharma had also rejected Kejriwal’s plea seeking her recusal from the matter, saying the application did not meet the legal threshold for establishing a reasonable apprehension of bias.Several AAP leaders had boycotted proceedings before Justice Sharma after her refusal to step aside from the case.In her order initiating contempt action, Justice Sharma reportedly observed that while fair criticism of judicial orders is permissible, “there is a distinction between fair criticism and running a campaign to portray a judge as biased.”
