Shivam Singh@PoeticShivam
Unbelievable.. Unprecedented.. Unmatched..
Make no mistake, what Arvind Kejriwal did in High Court is not ordinary. The day will be marked as a defining moment in Indian democracy. His arguments will be remembered and recalled whenever recusals and fairness of judges will be in question.
AAP is not a party that has habitually complained about fairness of the judiciary. The respect and belief has always been there. There are strong reasons behind this recusal application.
When Arvind Kejriwal argued his case in front of Justice Swarna Kanta Sharma, he maintained calm. He was absolutely professional about it. The strongest of apprehensions were presented with carefully selected words. Not once he spoke in a way that was disrespectful to judiciary.. such clarity and understanding of discipline of a court room from a politician who has never practiced law was outstanding.
He has now set a template for others to follow who may fear that the judge may not be fair to them. This man continues to be a revolutionary.
It’s important to discuss the arguments he made today to understand the significance of what he has achieved irrespective of the judgement that is to follow.
1. On 9th March when CBI approached High Court, justice Swarna Kanta was quick to call the session court’s discharge order as erroneous without even hearing the other side. In fact, the other side was not even present in court. How can a judge make such strong observations on a discharge order that came after months of countless hearings in the lower court? The other party, here Arvind Kejriwal has all the right to feel apprehensive.
2. The sessions court had ordered an enquiry against the investigating officer and with strong statements attached. In fact, the court called the investigation pre-determined, which means that the IO was certain who he wanted to implicate. The proceedings against this IO were stayed despite the IO not being present in the court or even requesting for a stay. What was the hurry to give relief to the IO that all procedures had to be brushed aside?
3. Justice Swarna Kanta Sharma when rejecting bail applications of the accused in the past, made strong observations that allowed news channels to pick headlines to openly call the accused guilty. Typically when hearing a bail application, a judge simply accepts or rejects the bail. What was the need to make adverse observations without a trial?
4. The Supreme Court set aside Justice Swarna Kanta’s orders in all these bail applications.. no exceptions. Perhaps Swarna Kanta ji could be wrong about one or two applications but all her orders being set aside raises serious questions.
5. Justice Swarna Kanta’s son and daughter are empaneled by the BJP government. How can Arvind Kejriwal or any accused expect from the judge here to be fair when her kin are working for their political rivals?
6. It’s probably okay for a judge to attend events related to any ideology but Justice Swarna Kanta Sharma attended 4 events of Adhivakta Parishad, a body of the RSS. She never attended events organized by groups belonging to any other ideology. How can Arvind Kejriwal expect a fair judgement from a judge who has been exclusively attending RSS events?
I have discussed just a handful of arguments from those that Arvind Kejriwal presented today. He stood in front of the same judge he wanted recused. It was an awkward situation to say the least but the manner in which he presented his case today left many in awe.
Today, he walked out of the court winning many more admirers. His presence along with his arguments have changed a lot of things in India today. I can’t yet pin point but everybody who understands judiciary can feel it in the air.
I recall somebody famously once said.. finally it took Arvind Kejriwal to fix PMLA. I feel a similar statement but on the present subject is on the way after his brilliance today.
This man is made up of some hard steel. Salute.
