Supreme Court refuses to interfere with Delhi HC stay on proceedings against Swati Maliwal in illegal appointments case

The Supreme Court on Thursday rejected the Delhi Anti-Corruption Bureau's challenge to a Delhi High Court order that had stayed proceedings against Chairperson of the Delhi Commission for Women (DCW) Swati Maliwal in connection with an illegal appointments case..A Bench of Justices Surya Kant and JK Maheshwari refused to interfere with the order and asked the High Court to dispose of the matter expeditiously. .The initial complaint against Maliwal and others was filed by Bharatiya Janata Party (BJP) leader and former DCW Chairperson Barkha Shukla Singh.The prosecution alleged that all the four accused persons, in conspiracy with each other, abused their official positions and obtained pecuniary advantages for Aam Aadmi Party (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'..The Delhi High Court had in March stayed proceedings Maliwal in the matter.Justice Anup Jairam Bhambhani had said that the essential ingredient of an offence under Section 13(1)(d)ii of the Prevention of Corruption Act was not made out in the chargesheet or the order framing charges in the case.The said provision makes it an offence for a person to abuse their position as a public servant, to obtain for themselves or for any other person any valuable thing or pecuniary advantage.That ruling came on a plea moved by Maliwal that challenged a Rouse Avenue Court ruling of December 8, 2022, which had framed corruption charges against her and three others.That court had framed charges of criminal conspiracy under the Indian Penal Code, and criminal misconduct by a public servant under the Prevention of Corruption Act (PCA)..Read our detailed story on the trial court's order here..[Read order]