Supreme Court stays third extension of ED director Sanjay Kumar Mishra’s tenure
The Supreme Court said that the Centre has the power to change the law and an extension can be granted only if a high-powered committee decides it is necessary to do so.
- Jul 11, 2023,
- Updated Jul 11, 2023 3:00 PM IST
The Supreme Court on Tuesday put a stay on the Centre’s extension of the tenure of Enforcement Directorate director Sanjay Kumar Mishra. This was the third extension for the ED chief.
The apex court stated that Mishra would continue to serve as ED director till July 31.
The Supreme Court said that the Centre has the power to change the law and an extension can be granted only if a high-powered committee decides it is necessary to do so. The extension can be done by a committee consisting of the prime minister, the leader of opposition and the chief justice nominee.
The extension granted to the ED director was in violation of a specific order of the Supreme Court. In a 2021 judgment, the Supreme Court had mandated that Mishra should not be given further extension. However, taking into consideration the peer review of the international body FATF and the smooth transfer of power, Mishra will continue in his role till July 31.
A three-judge bench of Justices BR Gavai, Vikram Nath and Sanjay Karol heard a batch of petitions by Congress leaders Jaya Thakur and Randeep Singh Surjewala, and Trinamool Congress MP Mahua Moitra and party spokesperson Saket Gokhale challenging the appointment of Mishra.
The ED chief was first appointed in November 2018 and was to retire two years later upon reaching 60 years of age. In November 2020, the government retrospectively revised the order and increased his tenure from two to three years, meaning November 2021. The Supreme Court was then moved against the extension, who cautioned no further extension of Mishra, as extensions were supposed to be granted only in ‘rare and exceptional’ cases.
In November 2021, three days before Mishra was about to retire, two ordinances were promulgated by the President, that strengthened the Centre’s decision to extend the tenure of the ED and CBI directors by a year. In November 2022, Mishra’s tenure was extended once again, which was then challenged by the petitioners.
The Centre, in a counter affidavit, stated that these petitions were politically motivated and were filed by members of political parties whose leaders were being investigated on charges of money laundering. These petitions were filed to ensure that the ED does not and cannot discharge its duties fearlessly, the Centre added.
The Supreme Court on Tuesday put a stay on the Centre’s extension of the tenure of Enforcement Directorate director Sanjay Kumar Mishra. This was the third extension for the ED chief.
The apex court stated that Mishra would continue to serve as ED director till July 31.
The Supreme Court said that the Centre has the power to change the law and an extension can be granted only if a high-powered committee decides it is necessary to do so. The extension can be done by a committee consisting of the prime minister, the leader of opposition and the chief justice nominee.
The extension granted to the ED director was in violation of a specific order of the Supreme Court. In a 2021 judgment, the Supreme Court had mandated that Mishra should not be given further extension. However, taking into consideration the peer review of the international body FATF and the smooth transfer of power, Mishra will continue in his role till July 31.
A three-judge bench of Justices BR Gavai, Vikram Nath and Sanjay Karol heard a batch of petitions by Congress leaders Jaya Thakur and Randeep Singh Surjewala, and Trinamool Congress MP Mahua Moitra and party spokesperson Saket Gokhale challenging the appointment of Mishra.
The ED chief was first appointed in November 2018 and was to retire two years later upon reaching 60 years of age. In November 2020, the government retrospectively revised the order and increased his tenure from two to three years, meaning November 2021. The Supreme Court was then moved against the extension, who cautioned no further extension of Mishra, as extensions were supposed to be granted only in ‘rare and exceptional’ cases.
In November 2021, three days before Mishra was about to retire, two ordinances were promulgated by the President, that strengthened the Centre’s decision to extend the tenure of the ED and CBI directors by a year. In November 2022, Mishra’s tenure was extended once again, which was then challenged by the petitioners.
The Centre, in a counter affidavit, stated that these petitions were politically motivated and were filed by members of political parties whose leaders were being investigated on charges of money laundering. These petitions were filed to ensure that the ED does not and cannot discharge its duties fearlessly, the Centre added.