FPJ Legal: Plea challenging Subodh Jaiswal’s appointment as CBI Director is PIL or not? HC asks court registry to decide

The Bombay high Court has asked the court Registry to decide whether the plea challenging appointment of Subodh Kumar Jaiswal as Director of Central Bureau of Investigation (CBI) was a public interest litigation.

A retired Assistant Commissioner of Police Rajendra Trivedi had filed a writ petition seeking quashing of Jaiswal’s appointment as CBI Director on the ground that he does not possess experience in investigation of anti-corruption cases and has doubtful credibility.

On Monday, a division bench of justices Gautam Patel and Madhav Jamdar said that since Trivedi has not sought any personal relief, it should be heard as a PIL. A division bench headed by Chief Justice Dipankar Datta hears PILs.

The HC has asked Registry to decide whether it should be heard as a PIL or regular petition and accordingly place it for hearing before appropriate bench after two weeks.

Questioning Jaiswal’s credibility, the plea states that when was heading a special investigation committee for investigating the fake stamp paper scam involving Abdul Karim Telgi and several police officials, there were allegations against the committee and the investigation came to be transferred to CBI. Even the Supreme Court noted Jaiswal’s role and involvement in the Telgi scam in its order granting bail to one of the accused in the case.

The plea, filed through law firm Talekar and Associates, alleges that Jaiswal has always misused his position to subdue his subordinates and that Trivedi too was victimised in the past for raising voice against the illegalities committed by him from time to time.

Trivedi claims that he was transferred to an inconvenient post midterm at the behest of Jaiswal which was ultimately quashed and set aside by the Maharashtra Administrative Tribunal. He has alleged that Jaiswal has also purportedly initiated departmental inquiry against him (Trivedi) with a view to silence him.

The petition prays that an order restraining Jaiswal from officiating as Director of CBI be passed till the pending of the petition.

A 1985 batch IPS officer, Jaiswal, was appointed CBI Director on May 25, 2021.