Centre Moves Supreme Court Seeking Extension Of Term Of ED Director Sanjay Mishra

Sanjay Kumar Mishra was slated to remain in office till November 18, 2023, according to a notification issued by the government.

Sanjay Mishra was first appointed the ED director for a period of two years in November 2018

Source : PTI

The Centre on Wednesday moved the Supreme Court seeking extension of the term of Enforcement Directorate director Sanjay Kumar Mishra. Mishra's term will end on July 31 after the Supreme Court gave him time till month end to relinquish office. The matter was mentioned by Solicitor General Tushar Mehta before Justice BR Gavai-led bench seeking urgent listing. The Supreme Court will hear the Centre's petition on July 27.

On July 11, a three-judge bench of the Supreme Court, comprising Justices BR Gavai, Vikram Nath and Sanjay Karol, held the two extensions granted to Mishra as illegal and asked him to demit office by July 31.

The 1984-batch IRS officer was slated to remain in office till November 18, 2023, according to the notification issued by the government.

Sanjay Mishra was first appointed the ED director for a period of two years in November 2018. In November 2022, Mishra was granted a second tenure extension up to November 18, 2023.

The top court, however, upheld as constitutional the amendments made to the Central Vigilance Commission Act, 2003, The Delhi Special Police Establishment Act, 1946, and the Fundamental Rules in 2021, enabling the tenure extension.

"Challenge to CVC Act and Delhi Special Police Establishment Act is dismissed to that extent. Extension granted to Sanjay Kumar Mishra after Supreme Court verdict is illegal. However, he is permitted to hold office till July 31, 2023," the Supreme Court had ordered.

The Supreme Court order came on a clutch of petitions, including those filed by Jaya Thakur of Congress and Mahua Moitra of the TMC.

In a written response, the Centre had told the Supreme Court that the petions challenging the extension of tenure of ED chief was filed with the intention of protecting Congress leaders who were facing money laundering charges.

After the Supreme Court verdict, which was welcomed by the Opposition, Union Home Minister Amit Shah said, "Those rejoicing over the SC decision on the ED case are delusional for various reasons: The amendments to the CVC Act, which were duly passed by the Parliament, have been upheld. Powers of the ED to strike at those who are corrupt and on the wrong side of the law remain the same."

"ED is an institution which rises beyond any one individual and is focused on achieving its core objective – i.e. to investigate offences of money laundering and violations of foreign exchange laws. Thus, who the ED director is – that is not important because whoever assumes this role will take note of the rampant corruption of a cosy club of entitled dynasts who have an anti-development mindset," Shah had tweeted.