Swati Maliwal Gets Relief: SC Upholds Delhi HC Order

The Supreme Court on Thursday refused to intervene with the Delhi High Court decision that stayed proceedings against Chairperson of the Delhi Commission for Women (DCW) Swati Maliwal in connection with an illegal appointments case.

A bench of Justice Surya Kant and Justice JK Maheshwari refused to interfere with the order and asked the High Court to resolve the matter as soon as possible.

Barkha Shukla Singh, a Bharatiya Janata Party (BJP) leader and former DCW Chairperson, filed the initial complaint against Maliwal and others.

The prosecution claimed that the four accused conspired to abuse their official positions and obtain financial benefits for Aam Aadmi Party (AAP) workers and acquaintances. It was claimed that such employees and acquaintances were appointed to various DCW positions without following the proper procedure.

It was contended that between August 6, 2015 and August 1, 2016, a total of 90 appointments were made in the DCW, with 71 people appointed on a contractual basis and 16 people appointed for ‘Dial 181’.

The Delhi High Court had in March stayed proceedings Maliwal in the matter.

The single bench of Justice Anup Jairam Bhambhani, stated that the essential ingredient of an offence under Section 13(1)(d)(ii) of the Prevention of Corruption Act was not made out in the chargesheet or the order framing charges in the case.

The said provision makes it an offence for a person to abuse their position as a public servant in order to obtain any valuable thing or pecuniary advantage for themselves or any other person.

That decision was made in response to Maliwal’s petition, which challenged a Rouse Avenue Court ruling from December 8, 2022, which had framed corruption charges against her and three others.

Charges of criminal conspiracy under the Indian Penal Code and criminal misconduct by a public servant under the Prevention of Corruption Act (PCA) had been filed by that court.