A fresh petition seeking criminal contempt proceedings has been filed before the Delhi High Court against Aam Aadmi Party (AAP) national convenor and former Chief Minister Arvind Kejriwal, party leader Saurabh Bharadwaj, MLA Gopal Rai, and investigative journalist Saurav Das over alleged 'scandalous and contemptuous' posts on social media platform X targeting Justice Swarana Kanta Sharma in connection with the Delhi excise policy case. The petition was filed on 21 May by advocate Ashok Chaitanya under Section 15(1)(c) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution.

What the Petition Alleges

The petition contends that the respondents carried out a 'concerted and orchestrated campaign' on X (formerly Twitter), disseminating content that allegedly portrayed Justice Sharma as biased and raised allegations of conflict of interest based on the purported professional engagements of her family members. According to the plea, this campaign was launched while a recusal application filed by the accused was still sub judice.

'The respondents have engaged in a concerted and orchestrated campaign on social media platform X, publishing and disseminating scandalous and contemptuous content against a sitting judge of this Hon'ble Court,' the petition stated. The petitioner argued that such actions were 'calculated to scandalise the Court, lower the authority of the institution and interfere with the administration of justice.'

Background: The Excise Policy Case and Recusal Row

The contempt proceedings arise from the CBI's criminal revision petition before the Delhi High Court, which challenged a trial court order discharging Kejriwal, former Deputy Chief Minister Manish Sisodia, and others in the alleged corruption case linked to the now-scrapped excise policy. The trial court, in a judgment spanning more than 1,100 paragraphs, had discharged all accused, holding that the policy was the outcome of a consultative process and that the prosecution failed to establish any overarching conspiracy.

The CBI has alleged before the High Court that the excise policy framed by the then AAP-led Delhi government was manipulated to favour select liquor traders in exchange for kickbacks. The case was initially listed before Justice Sharma, who faced attempts — first to transfer the case, then to seek her recusal. After initiating contempt proceedings, she subsequently recused herself from the main matter, and Justice Manoj Jain was assigned to hear the CBI's revision plea.

Suo Motu Proceedings Already Underway

The fresh petition comes a day after the Delhi High Court, on Tuesday, issued notices to Kejriwal, Sisodia, Rajya Sabha MP Sanjay Singh, and other AAP leaders — including Vinay Mishra and Durgesh Pathak — in suo motu criminal contempt proceedings. A Division Bench of Justices Navin Chawla and Ravinder Dudeja recorded that those proceedings were initiated based on an order dated 14 May, in which Justice Sharma had taken exception to material allegedly circulated against the judiciary in a 'derogatory' manner.

The respondents were granted four weeks to file their replies. No counsel appeared on behalf of the alleged contemnors during that hearing, prompting the Justice Chawla-led Bench to indicate it may appoint an amicus curiae to assist the court. That matter is listed for further hearing on 4 August.

What the Court and Justice Sharma Have Said

In her detailed order, Justice Sharma observed that a 'coordinated social media campaign' was carried out to scandalise the judiciary after she refused to recuse. She noted that while criticism of judicial orders is permissible, there exists 'a very thin line' between fair criticism and organised campaigns to portray a judge as biased.

'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 Delhi High Court had stated. Justice Sharma clarified that the contempt proceedings were not motivated by personal grievance but were aimed at protecting judicial integrity.

Next Hearing

The fresh petition is scheduled to be heard on Friday by the Division Bench of Justices Navin Chawla and Ravinder Dudeja. With both suo motu and privately filed contempt petitions now active, the judicial scrutiny of AAP leaders' social media conduct is set to intensify in the weeks ahead.