NEW DELHI: The Delhi High Court on Friday has stayed proceedings against Delhi Commission for Women (DCW) Chairperson Swati Maliwal in a case, in which the trial court had ordered the framing of corruption and criminal conspiracy charges against her and others for “prima facie” abusing their official positions to appoint AAP workers to different posts in the women’s rights body during 2015-16.
Granting interim relief to Maliwal, Justice Anup Jairam Bhambhani observed the “essential ingredient” of receiving any pecuniary gain was not present in the matter. The court also issued notice in the matter and sought a status report from the Anti-Corruption Bureau (ACB) on Maliwal’s petition challenging the trial court order framing charges under the anti-corruption law.
“This court is persuaded to notice that the essential ingredient of offence under 13(1)(d)(ii) PC Act, is evidently missing from chargesheet and order on charges; which accordingly requires closer consideration. In view of the above, further proceedings are stayed till the next date of hearing before this Court. List on July 26, 2023,” it was ordered. During the hearing, Senior Advocate Rebecca John, on behalf of Maliwal, argued that the prosecution had only relied on hearsay evidence based on the cross-examination of a constable to show alleged association of the appointees with the party.
All the appointments to DCW- an autonomous body, were contractual in nature and duly approved by the government’s finance department, John submitted. On December 8, Special Judge Dig Vinay Singh at Rouse Avenue Court ordered the framing of corruption and criminal conspiracy charges against Maliwal besides DCW members Promila Gupta, Sarika Chaudhary and Farheen Malick.