DCW Appointments: Delhi High Court Dismisses Former Chairperson Swati Maliwal's Plea Against Framing Of Corruption Charges

The Delhi High Court on Friday dismissed a plea filed by AAP Rajya Sabha MP Swati Maliwal challenging a trial court order framing corruption charges against her for allegedly abusing her official position by illegally appointing various acquaintances, including AAP workers, in the Chairperson of Delhi Commission for Women (DCW) between August 6, 2015 to August 1, 2016.

Maliwal was then the Chairperson of DCW.

Justice Amit Mahajan dismissed the petition filed by Maliwal against the trial court order passed on December 08, 2022.

Charges were framed against Maliwal, Promila Gupta, Sarika Chaudhary and Farheen Malick. A coordinate bench in March last year stayed the trial court proceedings in the case.

Justice Mahajan also dismissed the plea filed by two other women, including Chaudhary, against the framing of charges. 

“The petitions are dismissed,” the court said while pronouncing the order.

While framing charges against Maliwal and three others, the trial court had observed that a "strong suspicion" against them and that the facts disclose "prima facie sufficient material" to frame charges against them.

The court had framed charges against them for criminal conspiracy under section 120B of Indian Penal Code and for other offences under sections 13(1)(d), 13(1)(2) and 13(2) of Prevention or Corruption Act.

It had said that merely because DCW had been pursuing the Delhi Government to fill up the vacant posts, which was not timely complied with by the State, did not give any right to the women rights body to make arbitrary appointments.

It was alleged by the prosecution that AAP workers and acquaintances were appointed to different posts of DCW without following the due process. It has alleged that legitimate right of deserving candidates was violated "to favour a particular class of persons."

The prosecution had claimed that 87 appointments were made in DCW between August 6, 2015 to August 1, 2016, out of which 71 persons were appointed on contractual basis and 16 persons were appointed for 'Dial 181'. During investigation, out of the 87 persons appointees, at least 20 persons were directly found to be associated with AAP.

The case was registered after a complaint was filed by BJP leader Barkha Shukla Singh, the former chairperson of DCW, with the Anti Corruption Branch (ACB) in 2016. On the basis of the said complaint, a preliminary inquiry was initially conducted and later FIR was registered. 

Case Title: Swati Maliwal v. State

Citation: 2024 LiveLaw (Del) 1039