ED appointment issue: Kapil Sibal hits back at Amit Shah, questions 3rd term extension to probe chief Sanjay Mishra

In the latest twist to the ongoing controversy surrounding the term extension granted to the Enforcement Directorate (ED) chief, Sanjay Kumar Mishra, veteran lawyer and Rajya Sabha member Kapil Sibal has trained his guns at Amit Shah. Sibal questioned the government's decision and asked that if the chief of the probe agency was unimportant, why was Mishra granted a third term, in violation of the Supreme Court's order.

Recently, Union Home Minister Amit Shah, attacking the Opposition, had said that the role of the ED to "strike at those who are corrupt and on the wrong side of the law remain the same." “Thus, who the ED director is - that is not important because whoever assumes this role will take note of the rampant corruption of a cozy club of entitled dynasts who have an anti-development mindset,” Shah had said in a tweet.

Responding to Shah, Sibal took to Twitter and wrote: "Sanjay Mishra (ED) Chief. Supreme Court held extension till November invalid. Amit Shah: 'ED is an institution which rises beyond any one individual...' Then why did you give him a 3rd extension?"

"Some individuals serve the political interests of the party in power!" the senior advocate and former Union minister further added.

Sibal's comments followed a recent decision by the SC, where the apex court termed the two consecutive one-year extensions given to ED chief Mishra as "illegal." The court stated that these extensions violated their previous mandamus in a 2021 verdict, which explicitly stated that Mishra should not be granted any further terms.

Shah downplayed the significance of the ED director's identity following the Supreme Court's decision, asserting that the individual assuming this position would inevitably recognize the widespread corruption of a 'cozy club of entitled dynasts' who have an anti-development mindset.

The Supreme Court's ruling, which limited Mishra's extended tenure to July 31, came as a setback to the government, even as it upheld the amendments allowing directors of the ED and the Central Bureau of Investigation (CBI) to serve a maximum of five years. 

The amendments were made to the Central Vigilance Commission (Amendment) Act, 2021, the Delhi Special Police Establishment (Amendment) Act, 2021, and the Fundamental (Amendment) Rules, 2021.

Mishra, 62, was first appointed the ED director for two years on November 19, 2018. Later, by an order dated November 13, 2020, the central government modified the appointment letter retrospectively and his two-year term was changed to three years.