Justice Swarana Kanta Sharma of the Delhi High Court has recused herself from hearing a plea filed by Aam Aadmi Party (AAP) MLA Naresh Balyan. The petition sought the quashing of an order that had remanded Balyan to judicial custody in connection with a case registered by the Delhi Police's Crime Branch.
During the proceedings, Justice Sharma stated that she would not be hearing the matter and directed that it be placed before the Acting Chief Justice for reassignment to another bench. While a specific reason for the recusal was not mentioned in open court, the decision ensures that the case will be heard by a different judge to maintain judicial propriety.
The case involves allegations against the Uttam Nagar MLA related to an organized crime investigation. Balyan has challenged the legality of his arrest and the subsequent remand orders, arguing that the procedural requirements for his detention were not met. His legal team had approached the High Court seeking immediate relief and the setting aside of the trial court's directions.
Following the recusal, the matter is expected to be listed before a new bench shortly, given the nature of the challenge involving personal liberty. The Delhi Police have consistently opposed Balyan's pleas in the lower courts, citing the need for detailed interrogation regarding the alleged activities of the syndicate under investigation.
Recusals of this nature are a standard part of judicial protocol when a judge feels that, for any reason, it would be more appropriate for another member of the court to adjudicate the dispute. The case will now follow the administrative process of the Delhi High Court for fresh allocation.