Apex Court Dismisses Challenge Against Order Staying Trial Against DCW Chief Swati Maliwal

The Supreme Court today dismissed the Special Leave Petition filed by the Anti-Corruption Branch challenging the order of the Delhi High Court which had stayed the proceedings before the Special Judge (Prevention of Corruption Act) Rouse Avenue Courts, Delhi against Delhi Commission for Women Chief Swati Maliwal who was charged under section 120B of the Indian Penal Code and Prevention of Corruption Act, 1988.

The Supreme Court noted that the High Court's order is at an interim stage and directed the High Court to finally decide the matter.

The Bench of Justice Surya Kant and Justice J.K. Maheshwari told Solicitor General Tushar Mehta to raise his pleas before the High Court. The Bench remarked, "We agree probably what you are trying to contend is that particular handpicked persons have been appointed in excess to the sanctioned post and they belong to a particular party. You could be right or ultimately it could be the subject matter of debate that it will amount to an abuse of the official position for the benefit of some other. But the High Court is seized of the matter and has only issued a notice while simply noting the contentions."

The Bench further said, "Anyways, you file the detailed affidavit". It noted in its order that, "we have heard Ld. Solicitor General and Senior Advocate A.M. Singhvi for Respondent. Since the impugned order dated 10 March 2023 passed by the High Court of Delhi is only an interim order based on a prima facie view. We are not inclined to decide it at this stage. Suffice to observe that the petitioner shall be at liberty to file an affidavit cum status report at the earliest within one week."

Justice Surya Kant also observed in the order that "It goes without saying that the High Court shall consider the contentions from both sides and pass an appropriate order and shall finally decide the matter at the earliest and preferably on the date fixed."

The SG Tushar Mehta appearing for the Anti Corruption Branch submitted to the Court that "There is an elaborate discussion in the chargesheet, in the circumstances, it is clearly established that the accused has by abusing her position as a public servant has obtained pecuniary advantage to her own party workers and the High Court says prima facies this charge is absent." The SG further requested for the High Court to finalize it in a month or two.

The Delhi High Court had by its order stayed the proceedings before Special Judge, Rouse Avenue Courts against Swati Maliwal (DCW-Chief) after noting that on a prima-facie view, the essential ingredient of the offence under section 13(1)(d)(ii) of the PoC Act viz. obtaining some valuable thing or pecuniary advantage, is conspicuously missing from the chargesheet and from the order on the charge against Maliwal.

The High Court observed that this aspect goes to the very root of the principal offence alleged against the petitioner, the import of which accordingly requires closer consideration. The Court in the impugned order directed that "In view of the above, further proceedings against the petitioner in CC No. 107/2019 are stayed, till the next date of hearing before this court."

The charges framed against Maliwal before the Trial Court were that as against 26 sanctioned posts, the accused persons appointed 87 persons in the DCW during the impugned period, of whom most appointees were acquaintances or party workers or persons associated with accused No. 1 and that that one Mr. P. P. Dhal was appointed as Member Secretary on April 5, 2016 contrary to the prescribed rules and regulations and without the approval of the competent authority.

The original complaint also stated that a sum of Rs. 676 lacs was released to DCW against the Budget Estimate of Rs. 700 lacs in one go, instead of being disbursed in three instalments. Maliwal had before the High Court contended that the complainant in the matter is the previous Chairperson of the DCW, who belongs to a different political party; and the complaint and all proceedings arising therefrom are mala-fide.

Cause Title: State Of Nct Of Delhi Vs. Swati Maliwal [SLP(Crl) No. 004904 - / 2023]