NEW DELHI: The Central Bureau of Investigation (CBI) has opposed the recusal pleas filed by several accused, including AAP Convenor Arvind Kejriwal, who sought the withdrawal of Justice Swarana Kanta Sharma from hearing the Delhi excise policy case, describing the applications as "frivolous, baseless, and contumacious".
In a detailed reply filed before the Delhi High Court on Wednesday, the central probe agency contended that the allegations are "wholly vexatious" and amount to an attempt to "lower the dignity of the Court".
"Prayer for recusal of an Honourable Judge... based on frivolous and baseless averments and grounds is nothing short of being contumacious, " the CBI said in its affidavit.
It added that the allegations levelled by the applicants do not disclose any legally sustainable ground warranting recusal and cautioned that entertaining such pleas would set a dangerous precedent encouraging "forum shopping".
Refuting allegations that certain interim observations indicated a "pre-determined mindset", the central agency said that judicial remarks made at the interim stage cannot be construed as bias.
"It is well settled that observations made while passing interim orders do not bind the court at the stage of final hearing and can never be a source of bias, " the affidavit said.