In a high-stakes legal move, Aam Aadmi Party (AAP) chief Arvind Kejriwal is set to personally argue a recusal application before Justice Swarana Kanta Sharma at the Delhi High Court today, Monday, April 6, 2026.
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Kejriwal and 22 others, who were previously discharged in the CBI’s excise policy case, are seeking the judge’s withdrawal from the matter. This follows the CBI’s appeal against a February 27 trial court order that cleared the AAP leader, citing a lack of even a prima facie case.
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The Recusal Row: Key Arguments
Kejriwal’s decision to argue the case himself marks a dramatic shift in his legal strategy, echoing his recent “Ghayal hoon isliye ghatak hoon” defiant tone.
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Apprehension of Bias: Kejriwal and his co-accused claim a “grave, bona fide, and reasonable apprehension” that the hearing will not be impartial.
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The Stay Order: The defense pointed to Justice Sharma’s March 9 observation that the trial court’s discharge order was “prima facie erroneous” before formally hearing the accused.
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Failed Transfer Request: On March 11, Kejriwal petitioned the High Court Chief Justice to transfer the case to a different bench. This request was denied on March 13, leading to today’s direct recusal plea.
Trial Court vs. High Court: The Legal Timeline
The case is currently at a deadlock between the findings of the lower court and the observations of the High Court.
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| Date | Event | Legal Impact |
| Feb 27, 2026 | Special Judge Jitendra Singh discharges Kejriwal & 22 others. | Court called CBI’s evidence a “speculative construct.” |
| Mar 9, 2026 | Justice Sharma stays the trial court order. | Stayed the departmental inquiry against the CBI’s lead officer. |
| Mar 31, 2026 | ED moves HC against Kejriwal’s acquittal in summons case. | New litigation layer regarding “intentional disobedience.” |
| Apr 6, 2026 | Today’s Hearing | Kejriwal to argue recusal; CBI to seek resumption of the trial. |
Investigative Insight: The “Judicial Roster” Strategy
The BJP has characterized Kejriwal’s recusal plea as a “lack of respect for the judiciary,” but from a legal standpoint, it is a tactical maneuver to delay the CBI’s appeal. By challenging the judge personally, Kejriwal is attempting to reset the “prima facie” narrative that Justice Sharma established on March 9.
This hearing comes at a critical juncture: the Supreme Court is already handling questions regarding the “need and necessity of arrest” under the PMLA. If Kejriwal succeeds in getting the bench changed, it could push the final verdict past the April 23–29 West Bengal election phases, where he is expected to campaign despite the ongoing Malda hostage crisis fallout. Conversely, if the recusal is denied today, the High Court may immediately proceed to hear the CBI’s arguments on the “inherent errors” of his discharge, potentially placing the former CM back under the threat of active trial.
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