NEW DELHI: The Supreme Court on Thursday refused to interfere with a Delhi High Court order which stayed trial court proceedings against Delhi Commission for Women (DCW) chairperson Swati Maliwal in a criminal case of allegedly abusing her official position to appoint AAP leaders to different posts in the women’s rights body.
A bench of Justices Surya Kant and J K Maheshwari, however, asked the High Court to decide the case expeditiously. The High Court in its March 10 order while staying the proceedings before trial court noted that essential ingredient of an offence under Section 13(1)(d)ii of the Prevention of Corruption Act was not made out in the charge sheet or in the order framing charges in the case. “This requires closer consideration. In view of the above, further proceedings are stayed till next date of hearing before this Court which is July 26, 2023,” the court said.
In December last year, Rouse Avenue Court directed for framing charges against Maliwal and others for abusing their official position. The trial court directed for framing the same pursuant to the FIR registered by the Anti-Corruption Bureau on a complaint by former DCW chairperson and BJP MLA Barkha Shukla Singh. It was alleged that Maliwal and former DCW members Promila Gupta, Sarika Chaudhary and Farheen Malick made 90 appointments in the DCW between August 6, 2015, and August 1, 2016. Based on trial court’s order, Maliwal and the others were charged with provisions under IPC (section 120(B)) and Prevention of Corruption Act.
The appointments were made in contravention of procedures, rules, regulations, and without even advertising for the posts in violation of General Finance Rules and other guidelines, and that money was disbursed to various such persons towards remuneration/salary/honorarium, it has said.