Delhi HC stays court proceeding against DCW chairperson Swati Maliwal
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New Delhi: In a criminal case of abuse of position against the Delhi Commission for Women (DCW) chairperson Swati Maliwal, the Delhi High Court stayed trial court proceedings against her, PTI reported.
The case charges Maliwal with using an official position to appoint people affiliated with Delhi's ruling Aam Aadmi Party (AAP) to various posts in DCW.
The court observed that the "essential ingredient" of receiving any pecuniary gain was not present in the matter. It issued notice and sought to seek 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.
The court said, "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 the Prevention of Corruption Act, namely, obtaining any valuable item or pecuniary advantage, is evidently missing from the chargesheet and the order on a charge, which requires closer consideration. In view of the above, further proceedings against the petitioner at stayed till the next date of hearing before this court."
It granted ACB six weeks to submit its stand to Maliwal's petition. It adjourned the case to July 26 for further hearing.
The case against Maliwal is based on a complaint lodged with the ACB by former DCW chairperson and BJP MLA Barkha Shukla Singh. A trial court ordered the 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).