Ex-Mumbai Cop Moves Bombay High Court Seeking Removal Of Subodh Kumar Jaiswal As CBI Chief
A retired Assistant Mumbai Police Commissioner (ACP) has approached the Bombay High Court seeking the removal of IPS officer Subodh Kumar Jaiswal as Director of the Central Bureau of Investigation by quashing his appointment on the grounds of eligibility. Jaiswal, a 1985 batch Indian Police Service officer served as the former Director General of Police, Maharashtra and was...
A retired Assistant Mumbai Police Commissioner (ACP) has approached the Bombay High Court seeking the removal of IPS officer Subodh Kumar Jaiswal as Director of the Central Bureau of Investigation by quashing his appointment on the grounds of eligibility.
Jaiswal, a 1985 batch Indian Police Service officer served as the former Director General of Police, Maharashtra and was appointed as Director of CBI in May, 2021.
The petition filed by Rajendrakumar Trivedi under Article 226 of the constitution contends that Jaiswal doesn't meet the edibility criteria for appointment, which mandates experience of dealing with anti-corruption cases under section Section 4A of the Delhi Special Police Establishment Act, 1946.
Moreover, it is alleged that stringent observations by the Supreme Court and trial court against Jaiswal in the 2000 Telgi Scam were not placed before the committee that recommended names for the post of Director CBI.
"The decision of appointing the respondent No. 3 (Jaiswal) was neither informed nor after appreciating the entire material. CBI is considered to be a premier investigation agency and is expected to act in its utmost fairness, however, such appointment without even adhering to the statutory scheme shakes the very confidence of the general public.", the plea states.
The petitioner, therefore, seeks issuance of a writ of quo-warranto, asking him to show the authority under which he is holding office; to call for all the records pertaining to his appointment; quash his appointment and lastly to restrain him for holding office in the interim.
Telgi Scam
The plea states that the Maharashtra Government had appointed an SIT to investigate the scam of fake and counterfeit stamps involving several police officers including Param Bir Singh, allegedly instrumental in hushing up the scam.
Then DG, SRPF was appointed to head the SIT. The plea states that given the SIT's inefficiency, the case was finally transferred to the CBI. The SC in a bail application, and the trial court in a discharge application, made stringent observations against Jaiswal.
Jaiswal's petition to redact those remarks are pending before the HC.
"Apart from the Prime accused, several officers who were involved in the Telgi Stamp Scam including Param Bir Singh escaped the guilt, merely because the R3 (Jaiswal) did not submit a report in that regard despite witness statements," the plea states.
Anti-Corruption
The plea states that sub-section (3) of Section 4A of the DSPE states that the committee shall recommend a panel of officers based on seniority, integrity and experience in the investigation of anti-corruption cases.
However, Jaiswal doesn't have any experience in investigation of anti-corruption cases, as he was never attached to the anti-corruption wing of the police force at any point of time.
Complaints Against Jaiswal
The petitioner says that he had filed several complaints against Jaiswal when he was DGP Maharashtra, but then CM Devendra Fadnavis did not take any action.
The plea further claims that Jaiswal has always "misused his position to subdue his subordinates" where the petitioner was victimised in the past for raising his voice and transferred midderm.
"As on date, the CBI is entrusted with investigation in respect of several high-profile cases involving political bigwigs. As such, it is very much essential to ensure that persons having extreme probity and integrity are leading the agency."