The ordinance issued by the Government of India for extending the tenure of the Director,Central Bureau of Investigation Subodh Kumar Jaiswal,has been challenged before the Bombay High Court.
The former IPS officer Rajendrakumar Trivedi has file a plea in this regard stating that since the CBI director’s tenure is expiring only in May 2023, there is no need for the government to create a ordinance for the same.
The making of ordinances should not be treated as a regular law making process as it should only be used under the exceptional circumstances.
The plea said that the promulgation of ordinance of 2021 is a classic case of impermissible legislative overruling and thereby violative of Article 14 and the doctrine of rule of law.
It was also pointed out that Central government chose to promulgate an ordinance despite the fact that winter session was starting in November 2021.
On Friday,when the matter was up for hearing and discussion ,the Additional Solicitor General Anil Singh asked the court for some more time for filing the response.
A bench comprising of Justice SV Gangapurwala and Justice SG Dige have given the date for November 22 for posting the case.
The challenge in the case was that the current Head does not have the experience in investigation of anti-corruption case and has integrity issues.
However,in an affidavit filed by the Ministry of Personnel & Public it is stated that Jaiswal possess enough experience dealing with anti-corruption cases and has no pending complaint or court case against him.
The CBI director has also mentioned that there is no other reason than the vengeance and malafide intention him