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Delhi HC Dismisses Plea Against DCW Chairman Swati Maliwal

The Delhi High Court on Wednesday while hearing a PIL filed seeking an inquiry against Ms. Swati Maliwal Jaihind cautioned the petitioner to be more careful in the future while filing petitions as PILs.

A division bench presided by Justice Hima Kohli and Justice Subramonium Prasad of Delhi High Court while conducting hearing through video conferencing noted that the present petition appears to be nothing but vested interest litigation rather than public interest litigation.

A Public Interest Litigation was filed in the Delhi HC seeking direction to National Commission for Protection of Child Rights to initiate an inquiry against Ms. Swati Maliwal Jaihind, Chairperson, Delhi Commission for Women (DCW), for allegedly committing abetment of suicide.

The plea filed by Advocate Archana Sharma had sought Ms. Swati’s removal from the post of Chairperson, Delhi Commission for Women, and register an FIR against for allegedly abetting the suicide of a teenager in relation to the case of ‘Bois Locker Room’.

Whereas, It has been informed to the counsel appearing for petitioner Ms. Archana that the issue relating “BOIS Locker Room” has already been taken up by a coordinate Bench in W.P. (Crl.) No.806/2020 entitled ‘Devashish Dubey Vs. GNCTD’.

Advocate Mr. Rajshekhar Rao appearing for Ms. Swati further added that “…the captioned writ petition was disposed of on the date of admission itself with a direction issued to the Delhi Police to conduct an inquiry into the matter and take on record a complaint filed by the DCW”.

Mr. Rao also submitted that this petition is yet another circuitous route adopted to re-agitate the same issue relating to the appointment of Ms. Swati as Chairperson, DCW.

However, Advocate Mr. NalinTripathi appearing for Ms. Archana after consulting with her submitted that she does not wish to press the present petition and seek leave to withdraw the same.

The Court dismissed the petition while granting permission to withdraw the petition and further directed Ms. Archana that, “if any PIL is filed by her in the future, she shall enclose therewith a copy of this order and make a reference thereto in the averments made in the said petition.”

Read the order here;

Archana-Sharma

-India Legal Bureau

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