Delhi HC stays proceedings against DCW chief maliwal

The Delhi High Court on Friday stayed the trial court proceedings against DCW chairperson Swati Maliwal in a criminal case for allegedly abusing her official position to appoint people associated with the AAP to different posts in the women’s rights body. While issuing notice and seeking 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, Justice Anup Jairam Bhambhani observed the “essential ingredient” of receiving any pecuniary gain was not present in the matter.
“Issue notice. On a prima facie view of the matter, the court is persuaded to note that the essential ingredient of the offence under section 13(1)(d)(ii) of Prevention of Corruption Act, namely, obtaining any valuable item or pecuniary advantage, is evidently missing from the chargesheet and the order on charge, which requires closer consideration. In view of the above, further proceedings against the petitioner at stayed till next date of hearing before this court,” stated the court.
The court granted six weeks to the investigation agency to state its stand to the petition and listed the case for further hearing on July 26.
On December 8, 2022, the trial court had ordered framing of charges against Maliwal and three others under the provisions of the Indian Penal Code and Prevention of Corruption Act, including Section 13(1)(d) (criminal misconduct by a public servant).