'Infructuous': PIL Challenging Appointment Of CBI Director Withdrawn From Bombay High Court
A PIL challenging the appointment of IPS officer Subodh Kumar Jaiswal as the Director of the Central Bureau of Investigation was withdrawn after the Bombay High Court was informed the officer’s term had ended rendering the PIL infructuous. The position is now held by IPS officer Praveen Sood.A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor dismissed...
A PIL challenging the appointment of IPS officer Subodh Kumar Jaiswal as the Director of the Central Bureau of Investigation was withdrawn after the Bombay High Court was informed the officer’s term had ended rendering the PIL infructuous. The position is now held by IPS officer Praveen Sood.
A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor dismissed the PIL as withdrawn.
“Learned Additional Solicitor General informs the Court that the term of Respondent No.3 as a Director, Central Bureau of Investigation has come to an end on 25th May 2023, which has rendered the PIL Petition infructuous. Learned Counsel for the Petitioner submits that the Petitioner may be permitted to withdraw the PIL Petition. Permission granted. 3. The PIL Petition is, thus, dismissed as withdrawn,” the bench said in its order.
The PIL alleged that Jaiswal didn’t have the required experience to be the director CBI under section 4A of the Delhi Police Establishment Act, 1946.
It added that strictures were passed by both - the Sessions Court as well as the Supreme Court in respect of the investigation carried out by a Special Investigation Team under his leadership. This material, which has a direct bearing on his credibility were neither placed nor considered by the Committee constituted for appointment of the Director of the CBI, it added.
The PIL therefore sought to quash Jaiswal's appointment as the Director of the Central Bureau of Investigation after calling for the record and proceedings regarding the appointment.
It also sought to call upon Jaiswal to show under what authority was is holding/ occupying the post of Director of the Central Bureau of Investigation.
Jaiswal is a 1985 batch IPS officer. In 2002, He was appointed to head the SIT in the famous Telgi Stamp Scam running into hundreds of crores of rupees.
In 2007, strictures were passed against the SIT and Jaiswal regarding faulty investigation.
In 2021, Jaiswal was appointed as the Director CBI despite his lack of expertise in anti-corruption cases as required under section 4A of the DSPE Act and without determining his integrity and credibility, the plea had claimed.
Jaiswal refuted all allegations against his appointment.
CC- Adv S. B. Talekar a/w. Ms. Madhavi Ayappan I/b. Talekar & Associates for the Petitioner
ASG Devang Vyas Addl Solicitor General a/w. Mr. D. P. Singh and Mrs. Anusha Amin for Respondent Nos.1 2 and 4
Adv Hemal I/b. Navdeep Vora & Associates for Respondent No.3
Case Title - Rajendrakumar Vishwanath Trivedi vs The Union of India & Ors.
Case No. PIL 26544 OF 2021