The Delhi High Court on Friday dismissed a petition 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 Delhi Commission for Women (DCW) between August 6, 2015 to August 1, 2016.
Maliwal was then the Chairperson of DCW.
The single-judge Bench of Justice Amit Mahajan dismissed the petition filed by Maliwal against the trial court order passed on December 8, 2022.
Charges were framed against Maliwal, Promila Gupta, Sarika Chaudhary and Farheen Malick.
In March 2023, a coordinate bench had stayed the trial court proceedings in the case.
The High Court further dismissed the plea filed by two other women, including Chaudhary, against the framing of charges.
While framing charges against Maliwal and three others, the trial court had observed a strong suspicion against the accused and noted that the facts disclosed 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 the Prevention or Corruption Act.
Merely because the 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 noted.
The prosecution alleged that AAP workers and acquaintances were appointed to different posts of DCW without following the due process. It further submitted that legitimate right of deserving candidates was violated to favour a particular class of persons.
As per the prosecution, 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, it added.
The case was registered after a complaint was filed by BJP leader and former chairperson of DCW Barkha Shukla Singh with the Anti Corruption Branch (ACB) in 2016. On the basis of the said complaint, a preliminary inquiry was initially conducted and later an FIR was registered.
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