Delhi HC’s Amicus Move Keeps Kejriwal Case Moving
The court is stopping an AAP boycott from freezing the excise-policy appeal, forcing the case forward even as the party fights the judge on recusal.
The Delhi High Court will appoint three senior advocates as amici curiae to represent Arvind Kejriwal, Manish Sisodia and Durgesh Pathak in the CBI’s appeal against their discharge in the excise policy case, after the AAP leaders declined to appear before Justice Swarana Kanta Sharma once she refused to recuse herself. 
The Hindu The hearing was pushed to May 8, with the court signaling that the appeal should not be stranded by the absence of counsel. The Hindu
Why this matters
This is a procedural fight with real political value. The CBI filed its challenge in February 2026, seeking to revive a case the trial court had thrown out for Kejriwal, Sisodia and others. The Hindu By refusing to participate before the same judge, AAP is trying to keep alive its claim that the bench is compromised. By appointing amici, the court is saying the appeal will proceed on schedule regardless. The Hindu
That helps the CBI and, politically, the BJP’s line that the excise case remains live and unresolved. The Hindu It hurts AAP’s effort to convert a legal recusal dispute into a delay tactic, though the party still gains from keeping the bias argument in play for its base and for the wider narrative around the case. The Hindu
The power play inside the courtroom
Justice Sharma has already rejected the recusal request, and the leaders’ boycott forced the court to choose between delay and substitution. The Hindu The amicus route preserves adversarial process without conceding the point AAP is trying to litigate: that the bench itself is the problem. The Hindu
For the court, the message is clear: the case will not be held hostage by a non-appearance. For AAP, the downside is sharper now — it loses direct control over the next hearing while still being tied to a case that has already damaged its credibility. For a broader read on the politics around the judiciary and executive power, see 
India and Global Politics.
What to watch next
The next decision point is May 8, when the High Court is expected to hear the CBI’s appeal with amicus representation in place. The Hindu Watch whether the court narrows the recusal issue, advances the discharge challenge, or faces another procedural objection from AAP. The immediate question is no longer whether the leaders will attend; it is whether their strategy can still slow the merits of the appeal.
