Delhi HC issues contempt notices to Kejriwal, Sisodia over judiciary remarks
Synopsis
Key Takeaways
The Delhi High Court on Tuesday, 19 May issued criminal contempt notices to Aam Aadmi Party (AAP) national convenor and former Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, Rajya Sabha MP Sanjay Singh, and several other party leaders over alleged attempts to scandalise the judiciary in connection with the Delhi excise policy case.
What the Court Ordered
A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja recorded that the contempt proceedings were initiated on the basis of an earlier order dated 14 May, in which a single-judge Bench of Justice Swarana Kanta Sharma had taken strong exception to material allegedly circulated against the judiciary in what was described as a 'derogatory' manner.
'The proceedings have been initiated on the basis of the order dated May 14. The single judge has placed reliance on the material from social media posts and other electronic and publication records. The Registry is directed to preserve copies of the same and place them before this Court,' the Division Bench observed.
Notices were also issued to AAP leaders Saurabh Bharadwaj, Vinay Mishra, and Durgesh Pathak. All alleged contemnors have been granted four weeks to file their replies. The matter has been listed for further hearing on 4 August.
Amicus Curiae to Be Appointed
No counsel appeared on behalf of any of the alleged contemnors during the hearing. The Justice Chawla-led Bench indicated it would appoint an amicus curiae to assist the court in adjudicating the criminal contempt proceedings — a step typically taken when the matter involves broader questions of institutional integrity.
Background: The Single-Judge Order That Triggered Proceedings
The contempt case traces back to Justice Sharma's finding that a 'coordinated social media campaign' was carried out to scandalise the judiciary after she declined to recuse herself from hearing the excise policy case. In a detailed order, she held that the actions of the proposed contemnors were 'calculated to scandalise the Court, lower the authority of the institution of justice, interfere with the administration of justice, and intimidate the independent exercise of judicial functions.'
The court drew a firm line between permissible criticism of judicial orders and organised campaigns aimed at portraying a judge as biased, noting that 'a very thin line' separates the two. 'The Court cannot permit erosion of the constitutional system and the justice delivery mechanism by tolerating such assaults in the name of public discourse,' the order stated.
Justice Sharma subsequently recused from the main excise policy case, stating the matter could be heard by another Bench to avoid any perception of bias. She clarified that initiating contempt proceedings was not driven by personal grievance but was aimed at safeguarding judicial integrity.
The Excise Policy Case: Where It Stands
Following Justice Sharma's recusal, a single-judge Bench of Justice Manoj Jain was constituted to hear the Central Bureau of Investigation (CBI)'s revision plea. The CBI has challenged a trial court order that discharged Kejriwal, Sisodia, and others in the alleged corruption case linked to the now-scrapped excise policy.
The trial court, in a judgment running into more than 1,100 paragraphs, had discharged all accused persons, holding that the excise policy was the outcome of a consultative and deliberative process and that the prosecution had failed to establish an overarching conspiracy. The CBI has alleged before the Delhi High Court that the policy was manipulated to favour select liquor traders in exchange for kickbacks.
What Comes Next
With the contempt matter now before a Division Bench and the main excise case revision before Justice Manoj Jain, AAP faces a dual legal front. The next substantive hearing on the contempt proceedings is scheduled for 4 August, by which point all alleged contemnors must have filed their replies. The appointment of an amicus curiae signals the court intends to treat the matter with institutional seriousness, regardless of the political backdrop.