Delhi HC stays trial court proceedings against DCW chairperson Swati Maliwal in corruption case

The High Court has granted six weeks to the investigation agency to state its stand to the petition and listed the case for further hearing on July 26

The Delhi High Court on March 10 stayed the trial court proceedings against the Delhi Commission for Women (DCW) chairperson Swati Maliwal in a criminal case for allegedly abusing her official position to appoint people associated with the AAP to different posts in the women's rights body.

While issuing notice and seeking a status report from the Anti-Corruption Bureau (ACB) on Ms. Maliwal’s petition challenging the trial court order framing charges under the anti-corruption law, Justice Anup Jairam Bhambhani observed the “essential ingredient” of receiving any pecuniary gain was not present in the matter.

“Issue notice. On a prima facie view of the matter, the court is persuaded to note that the essential ingredient of the offence under section 13(1)(d)(ii) of Prevention of Corruption Act, namely, obtaining any valuable item or pecuniary advantage, is evidently missing from the chargesheet and the order on charge, which requires closer consideration. In view of the above, further proceedings against the petitioner at stayed till next date of hearing before this court," stated the court.

The court granted six weeks to the investigation agency to state its stand to the petition and listed the case for further hearing on July 26.

On December 8, 2022, the trial court had ordered the framing of charges against Ms. Maliwal and three others under the provisions of the Indian Penal Code and Prevention of Corruption Act, including Section 13(1)(d) (criminal misconduct by a public servant).

The case was lodged by the Anti-Corruption Bureau on a complaint by former DCW chairperson and BJP MLA Barkha Shukla Singh.

Senior advocate Rebecca John represented Ms. Maliwal before the High Court and assailed the trial court order on the ground that while there was no allegation of any pecuniary gain in the matter, all the appointments to DCW, which is an autonomous body, were contractual in nature and duly approved the government’s finance department.