Bombay HC issues notice to CBI director Subodh Jaiswal over plea challenging his appointment

The Bombay HC has issued a notice to CBI director Subodh Jaiswal over plea challenging his appointment.

The Bombay High Court on Thursday issued notices to the Director of Central Bureau of Investigation (CBI), Subodh Jaiswal, the Union government, and the investigative agency as well, following a plea challenging the appointment of Jaiswal as the CBI chief.

A bench of Chief Justice Dipankar Datta and Justice MS Karnik asked the parties to file their reply by July 18 and listed the matter for hearing on July 28.

The bench was hearing a plea filed by Rajendra Trivedi, former Assistant Commissioner of Police (ACP) of the Maharashtra Police.

Jaiswal, who is a 1985 batch IPS officer, was appointed as the CBI Director on May 25, 2021.The Appointments Committee of the Cabinet had approved the appointment based on the recommendation of a three-member panel of Prime Minister Narendra Modi, Chief Justice of India, NV Ramana and Leader of Opposition Adhir Ranjan Chowdhury. Jaiswal has a tenure of two years.

Retired ACP Rajendra Trivedi has sought the quashing of Jaiswal’s appointment as the CBI director. The plea also stated that Jaiswal should be restrained from performing his duty as a CBI director until the same is disposed of.

Trivedi in his plea claimed Jaiswal's appointment was in contravention of the Delhi Police Establishment Act, and sought that the High Court call for the records and proceedings of the three-member committee that had approved Jaiswal's candidature.

Moreover, Trivedi highlighted the provisions of Central Vigilance Commission (CVC) Act which provide for the eligibility criteria and mechanism for appointment of the CBI Director.