In Indias capital a big legal fight is happening. It is about whether a judge’s being fair. Justice Swarana Kanta Sharma is a judge in the Delhi High Court. Some people, like former Delhi Chief Minister Arvind Kejriwal say she is not being impartial. They think she favours the ruling party and government agencies like the CBI and ED.
- They have asked her to step down from a case about the Delhi Excise Policy.
- The case is about whether some people took bribes and helped liquor companies.
- Arvind Kejriwal will argue that Justice Sharma should not hear the case.
This situation is causing a lot of discussion. People are questioning if Justice Sharma is fair.
Justice Swarana Kanta Sharmas Background
Justice Swarana Kanta Sharma has had a career in law.
She started as a magistrate at 24 years old.
She became a sessions judge on her birthday.
She worked in Delhis district courts for over 30 years.
She handled types of cases.
These include family disputes and crimes against women.
Her Education and Achievements
- She studied English Literature at Delhi University.
- She got her law degrees and even a Ph.D.
- Her Ph.D. Is about education systems in several countries.
The Controversy
Now her image is, under question.
This is because of the Delhi Excise Policy case.
The CBI and ED accuse AAP leaders of taking bribes.
The trial court said there was not evidence.
The CBI appealed to the Delhi High Court.
Justice Swarana Kanta Sharma is hearing the appeal.
The question now is: Is Justice Sharma being fair?
Is she not being impartial?
That is what many people want to know.
Orders That Sparked Allegations of Bias
On March 9 2026 during the hearing she made some strong observations. These have become the reason for bias claims. She gave an order without hearing both sides. The CBI was heard,. Not the accused. She stopped the trial courts remarks against the CBI investigating officer. She called them ” misconceived.”
- She also said the trial courts reasoning on witnesses and approvers had ” discrepancies” and some parts were “erroneous.”
- She expedited the case. Asked the accused to file their replies quickly.
Critics say this shows she was leaning towards the CBI. They point out that in cases she follows standard procedures.. Here she acted quickly and strongly in favour of the Central agency.
This is not the time her orders in this case have drawn criticism. In stages of the same excise policy matter Justice Sharma had passed detailed orders. These often went against the AAP leaders. For example she had upheld Kejriwals arrest. The Supreme Court later granted him bail. They also. Stayed some of her rulings.
- At least three of her orders were set aside by the court.
- One was even sent to a bench for review.
AAP leaders argue that this pattern shows she is against them. They say her order on March 9 2026 without giving the other side a chance to speak proves she cannot be neutral.
A detailed analysis by journalist Saurav Das looked at 165 cases handled by her. It found that while she follows steps in ordinary cases this high-profile political matter got special treatment. This favoured the CBI.
Why Arvind Kejriwal Demands Her Recusal
Kejriwal and the other accused have given reasons for demanding her recusal. They say there is a ” reasonable apprehension” that she will not be impartial.
- Her past orders in the case were repeatedly corrected by the Supreme Court. This shows she was against the accused.
- Her March 9 order gave relief to the CBI without a full hearing. It also expressed a view on the discharge.
- She has attended four events organised by the Akhil Bharatiya Adhivakta Parishad (ABAP) between 2022 and 2025.
ABAP is a lawyers body linked to the RSS. The RSS is close to the BJP. She was a Guest of Honour at their 2022 conference. She also spoke at a 2023 Womens Day event. She was Chief Guest at a 2024 study circle on the criminal laws.
The Family Empanelment Issue: A Major Point of Contention
The point they raise is about her family members getting government work.
- Her son, Ishaan Sharma is a lawyer. He has been empanelled as a Union Government panel counsel.
- He holds the Group A” panel before the Supreme Court and Senior Panel Counsel status before the Delhi High Court.
Her daughter, Shambhavi Sharma has been made a Government Pleader in the Delhi High Court. She is placed in Group C panel in the Supreme Court.
- Both siblings were empanelled on the dates: September 11 2025 for the Delhi High Court panels and November 21 2025 for the Supreme Court panels.
The same Central Government, led by the BJP and fighting this case through CBI is now giving high-level briefs and income to her children. Critics say the timing looks like a reward or a way to create pressure.
CBIs Firm Opposition to the Recusal Plea
The CBI has hit back strongly against these claims. In a 39-page affidavit the agency called the recusal plea “frivolous, vexatious and contemptuous.” They say it is an attempt to scandalise the court and put pressure on the judge.
- The CBI pointed out that the topics at the ABAP events were purely legal and non-political.
- Many Supreme Court and High Court judges have attended the events.
The CBI also said that judicial orders going for or against a party are normal. They cannot prove bias.
- Justice Sharma has granted bail to some co-accused in the same case. This shows she is balanced not one-sided.
On the family empanelment the CBI argued that it is a professional process based on merit. The Government of India empanels hundreds of lawyers every year. There is no proof that Justice Sharma influenced her childrens selection.
Critics Label Her a Blot on the Justice System
Despite the CBIs defence many people are calling Justice Swarana Kanta Sharma a blot on the justice system. They argue that in a democracy judges must not be fair but must also appear completely fair.
- When a judges family gets benefits from the same government that is prosecuting political opponents public trust breaks down.
- Critics fear that if such cases are not handled by neutral judges it will weaken the independence of the judiciary.
The Hearing Today: What Lies Ahead
Now with the recusal hearing happening today before Justice Sharma herself all eyes are on the Delhi High Court. Will she agree to step to remove any doubt or will she continue and prove her critics wrong by delivering a fair verdict?
- This entire episode shows how stakes political cases can test the limits of judicial credibility.
- Justice Sharma has built a career on hard work and integrity.
The combination of family empanelment, event attendance and her handling of this case has created a cloud of suspicion. Whatever the court decides today the debate, over whether she can remain impartial will continue. The outcome will decide the fate of the excise policy appeal. It may also shape how people view the Delhi High Court.
