'Strong Suspicion': Delhi Court Frames Corruption Charges Against Swati Maliwal, 3 Others Over 'Illegal Appointments' In DCW

A Delhi Court on Thursday framed corruption charges against Chairperson of Delhi Commission for Women (DCW) Swati Maliwal and three others in a case alleging that they abused their official position and obtained pecuniary advantages by illegally appointing various acquaintances, including Aam Aadmi Party (AAP) workers, in the women rights body between August 6, 2015 to August 1, 2016.

Special Judge Dig Vinay Singh of Rouse Avenue Courts observed that a "strong suspicion" does arise against Maliwal, Promila Gupta, Sarika Chaudhary and Farheen Malick, adding that the facts disclose "prima facie sufficient material" to frame charges against them.

The court thus framed charges against the accused 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.

The court 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.

"The above mentioned facts do create a strong suspicion that recruitments to various posts were made during the impugned tenure of the accused persons for different remunerations in arbitrary manner, violating all Rules & Regulations in which the near & dear ones were appointed and remunerations were given to them from public exchequer," the court said.

It added: "The discussion as above also prima facie indicates that most of the appointments were given to the near & dear ones of the accused persons/AAP party. Thus, it cannot be claimed by the accused persons that they did not abuse their position in order to obtain pecuniary advantages for other persons i.e. the persons so appointed or that prima facie there was no dishonest intention."

It has been claimed 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 court said that even if assuming that DCW is an autonomous body even with respect to creation of post or prescribing the terms & conditions for recruitment and conditions of service, the prima facie charge under section 13(1)(d) of PC Act would still be made out against the accused persons as it receives funds from the government and neither posts could have been created at whims & fancies of DCW nor recruitment of near and dear ones could have been made against the Rules. 

"Promoting the interest of near & dear ones and nepotism, as revealed from the facts of this case, is also a form of corruption," the judge said.

The prosecution has 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. 

Delhi Court frames #corruption charges against #DCW Chairperson #SwatiMaliwal and 3 others in a case alleging that they abused their official position in illegally appointing various acquaintances, including Aam Aadmi Party workers, in DCW between August 2015 to August 2016. pic.twitter.com/N5MaGqYUXn

— Live Law (@LiveLawIndia) December 8, 2022