Govt. back in SC on tenure extension of ED Director; next hearing on July 27- NSP NEWS

Enforcement Directorate chief Sanjay Kumar Mishra. File
| Photo Credit: ANI

The Centre on Wednesday made an urgent oral mentioning in the Supreme Court with regard to a July 11 judgment, which ordered Enforcement Directorate (ED) Director S.K. Mishra to quit office by July 31.

In a judgment on July 11, the court found Mr. Mishra’s continuation in office illegal. The ED Director was on his third consecutive extension of tenure till November 2023.

In May, the government had justified that his tenure was extended keeping in view the ongoing evaluation by the Financial Action Task Force. The Centre had argued that the ED Director was not a promotional post, so nobody was losing a career opportunity due to the extension of Mr. Mishra’s tenure.

On Wednesday, Solicitor General Tushar Mehta said the government had filed a fresh application to “persuade” the court about the extension.

A Bench headed by Justice B.R. Gavai fixed the case for hearing on July 27.

‘Piecemeal’ service extensions

In its July judgment, Justice Gavai, who authored the verdict, found back-to-back, “piecemeal” service extensions given to Mr. Mishra in 2021 and 2022 illegal. The court, however, allowed Mr. Mishra to continue in office in order to aid with the “smooth transition” of official responsibilities to his successor. Mr. Mishra is in his fifth year as ED Director.

The court had, however, upheld amendments enacted in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules allowing the Central Bureau of Investigation and ED chiefs a maximum three annual extensions besides their two-year fixed tenures.

The tweaks in the law came shortly after the Supreme Court, in a September 2021 judgment, directed the government to stop giving extensions to Mr. Mishra. The amendments allowed the government to overcome the court’s direction and grant him another two extensions.

Justice Gavai reasoned that the extensions were not given at the “sweet will” of the government. Instead, the 2021 amendments required High Level Committees to recommend the officers for service extensions.

A five-member panel composed of the Central Vigilance Commissioner and Vigilance Commissioners had to recommend if an ED Director was worthy of an extension in service. In case of the CBI Director, a High-Level Committee of the Prime Minister, Opposition Leader and the Chief Justice of India had to give a recommendation.

Justice Gavai said the amendments were passed by elected representatives of the people who were “supposed to know and be aware of the needs of the people and what is good and bad for them”.