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Purely on imagination: HC judge slams Kejriwal for citing Amit Shah statement to allege bias, demand recusal

On February 27, 2026, the trial court discharged 23 accused in a corruption case, including Kejriwal and Sisodia. Delhi High Court Justice Swarana Kanta Sharma refused to recuse and said citing Amit Shah's public remarks cannot establish bias, calling it 'purely on imagination.' The CBI has since filed an appeal challenging the discharge, with Kejriwal and others also seeking recusal; a Solicitor General commented that the development is a 'defining moment' for the institution.

Why It Matters

The ruling tests the boundaries of judicial impartiality and clarifies when public political statements can or cannot lead to a recusal, affecting ongoing appeals and party political dynamics.

Timeline

4 Events

CBI files appeal before Delhi High Court challenging discharge; Kejriwal and others file recusal applications

April 2026

Following the discharge, the CBI filed an appeal before the Delhi High Court challenging the trial court's order. Kejriwal filed an application seeking Justice Sharma's recusal, with others including Manish Sisodia and Durgesh Pathak making similar pleas.

Solicitor General Mehta calls the discharge a 'defining moment' for the institution

February 27, 2026

Solicitor General Tushar Mehta, appearing for the CBI and the government, described the discharged order as a 'defining moment for the institution'.

Kejriwal's recusal plea heard; judge says bias claims based on public statements amount to 'purely on imagination'

February 27, 2026

Justice Swarana Kanta Sharma refused to recuse from hearing the CBI's appeal and stated that seeking recusal on the ground that a politician has made a public statement would be 'purely on imagination'. She noted impartiality is an ethical presumption, not a legal requirement, and that mere apprehension or perception is not enough.

Trial court discharges 23 accused in corruption case, including Kejriwal, Sisodia and Kavitha

February 27, 2026

A trial court discharged all 23 accused in the corruption case, including Delhi Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia, and Telangana politician K Kavitha. The court also criticised the CBI's investigation.