Delhi Court frames corruption charges against Swati Maliwal for illegal recruitments in Delhi Commission for Women

Delhi's Rouse Avenue Court on Thursday framed corruption charges against Delhi Commission for Women (DCW) Chairperson Swati Maliwal and three others for illegally appointing their acquaintances including persons from the Aam Aadmi Party (AAP) to the body [State v. Swati Maliwal & Ors]..Special Judge Dig Vinay Singh framed charges after noting that there was a 'strong suspicion' against Maliwal, Promila Gupta, Sarika Chaudhary and Farheen Malick, and that the facts disclosed 'prima facie sufficient material'.The Court framed charges of criminal conspiracy under Indian Penal Code and criminal misconduct by a public servant under the Prevention of Corruption Act (PCA)."...being an autonomous body receiving funds from the Government neither posts could have been created at whims & fancies nor recruitment of near and dear ones could have been made against all Rules. Promoting the interest of near & dear ones and nepotism, as revealed from the facts of this case, is also a form of corruption," the order stated..The present case was filed on a complaint made by Bharatiya Janata Party leader and former chairperson of DCW Barkha Shukla Singh with the Anti Corruption Branch (ACB). Subsequently, a preliminary inquiry was conducted and a first information report (FIR) was lodged..The prosecution alleged that all the four accused persons, in conspiracy with each other, abused their official positions and obtained pecuniary advantages for AAP workers and acquaintances. It was claimed that such workers and acquaintances were appointed to different posts of DCW without following the due process.It was argued that a total of 90 appointments were made in the DCW between August 6, 2015 and August 1, 2016, out of which 71 persons were appointed on a contractual basis and 16 persons were appointed for 'Dial 181'. However, no record pertaining to the appointment of the remaining 3 appointees could be found..In its order, the Court stated that merely because DCW had been urging the government to fill up vacant posts, which was not done in a timely manner, did not give any right to DCW to make arbitrary appointments."The above mentioned facts do create a strong suspicion that recruitments to various posts were made during the impugned tenure of the accused persons for different remunerations in arbitrary manner, violating all Rules & Regulations in which the near & dear ones were appointed and remunerations were given to them from public exchequer," the Court noted..The argument of the accused that the ingredients of criminal misconduct by a public servant under PCA are not fulfilled in the facts of the present case, as the element of dishonest intention is lacking, has no force, the Court added."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," the order stated..The facts prima facie indicate that most of the appointments were given to the near and dear ones of the accused persons/AAP party, noted the judge."Thus, it cannot be claimed by the accused persons that they did not abuse their position in order to obtain pecuniary advantages for other persons i.e. the persons so appointed or that prima facie there was no dishonest intention.".[Read Order]