Bombay High Court seeks Centre’s reply to PIL challenging CBI director’s appointment

A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a plea by former assistant commissioner of police (ACP) Rajendra Trivedi, argued through advocates S B Talekar and Madhavi Ayappan. The court asked Trivedi to file a rejoinder by July 25 and set the next hearing for July 28.

The plea filed by Trivedi claimed that Jaiswal’s appointment was in contravention of Delhi Police Establishment Act and sought direction to call records and proceedings of the committee which cleared his name as a candidate in May 2021.

The plea said that Jaiswal, before being appointed as the CBI director, was never part of any agency which investigated anti-corruption cases. It read: “The fact remains that the respondent Jaiswal was never attached to the anti-corruption wing of the police force, at any point of time. The petitioner submits that CBI being a premier anti-corruption agency, possession of experience in investigation of anti-corruption cases is a prerequisite for being appointed as the Director of the CBI. Even otherwise, there is a statutory requirement of possessing such an experience.”

Talekar pointed out an order of the magistrate court which issued proceedings against Jaiswal on defamation complaint in 2012 and that the same was not placed before the committee which appointed Jaiswal.

Trivedi further referred to observations by the Supreme Court and trial court on Jaiswal’s conduct in the probe of the alleged scam of fake and counterfeit stamp papers, known as the Telgi scam. The plea said that same raised questions over Jaiswal’s integrity and, therefore, pending the hearing on the plea, he should be restrained from officiating as the CBI director.