According to sources privy to the development, Kejriwal is expected to appear in person to argue the application that is likely to come up for hearing on Monday.
A similar plea for recusal is expected to be filed by other discharged accused as well, the sources said.
The Chief Justice of Delhi High Court, D K Upadhyaya, had earlier declined Kejriwal’s request to transfer the CBI’s plea from Justice Swarana Kanta Sharma to another judge and said that a call for recusal has to be taken by the judge concerned.
In a representation made on March 11, Kejriwal, as well as AAP leader Manish Sisodia, along with other accused in the excise policy case, claimed there was a “grave, bona fide, and reasonable apprehension” that the hearing in the matter before Justice Sharma would not be impartial and neutral.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others and pulled up the CBI, saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
On March 9, issuing notice to all 23 accused on CBI’s plea against their discharge, Justice Sharma said certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration. Justice Sharma’s bench also stayed the trial court’s recommendation on the initiation of departmental action against the CBI’s investigating officer in the liquor policy case.
On March 16, Justice Sharma granted time to former Kejriwal and others to respond to CBI’s petition challenging their discharge.
