Delhi High Court rejects plea by Rajya Sabha MP Swati Maliwal to quash charges in DCW corruption case

The Delhi High Court Friday dismissed Rajya Sabha member Swati Maliwal's petition challenging the charges framed against her by a trial court in the case on alleged illegal appointments in Delhi Commission of Women (DCW) during her tenure as its chairperson [Swati Maliwal Vs. State]. 

Justice Amit Mahajan refused to quash the order passed by the trial court on December 8, 2022, to frame charges under the provisions of the Indian Penal Code and Prevention of Corruption Act against Maliwal and three others.

The corruption case against Maliwal and others was registered in 2016 on the basis of a complaint made by Bharatiya Janata Party leader and former chairperson of DCW Barkha Shukla Singh to Anti Corruption Branch (ACB) in Delhi.

It was alleged Maliwal and other accused persons had appointed several Aam Aadmi Party (AAP) workers and acquaintances to the DCW in violation of the rules and without advertising the vacancies.

The investigation allegedly revealed that against the 26 sanctioned posts, a total of 87 persons were appointed by the accused between 2015 to 2016. Out of them, 20 persons were allegedly directly associated with the AAP.

In the order framing charges in 2022, the Rouse Avenue court had observed that there was 'strong suspicion' against Maliwal and other three accused in the case.

"There would be no apparent evidence of conspiracy available in most of the cases and it has to be gathered from the circumstances. In this case also the circumstances do prima facie strongly indicate such a conspiracy between the accused persons. Even though, there are no express allegations in as many words against the accused persons as to their conspiracy mentioned in the charge sheet, but indeed Sec. 120B of IPC has been invoked against them and the facts do indicate such a conspiracy," Special Judge (PC Act) had observed.

Senior Advocate Rebecca John with advocates Chirag Madan, Harsh Bora, Ravleen Sabharwal, Rahul Agarwal, Pravir Singh, Nilanjan Dey, Tushar Yadav, Zillur Rehman and Anshuka Baruah represented Maliwal.

Special Counsel Yoginder Handoo with advocates Ashwin Kataria, Garvit Solanki and Medha Gaur, Additional Standing Counsel Rupali Bandhopadhya with advocate Abhijeet Kumar appeared for the State.