Centre moves SC seeking extension of ED chief’s tenure; hearing on July 27

The Centre on Wednesday (July 26) moved the Supreme Court, seeking an extension of the tenure of Enforcement Directorate (ED) chief Sanjay Kumar Mishra which is slated to expire on July 31.

A three-judge bench headed by Justice BR Gavai agreed to hear the matter at 3.30 pm on Thursday (July 27).

Also read: SC calls 3rd extension to ED chief Sanjay Mishra illegal; tenure cut to July 31

On July 11, a bench of justices Gavai, Vikram Nath and Sanjay Karol had declared the two extensions given to Mishra as illegal while curtailing his extended tenure to July 31. The top court said the extensions given to Mishra went against the Supreme Court’s 2021 judgement in the Common Cause which prevented the Centre from granting extensions.

However, the bench allowed Mishra to continue in his post till July 31, 2023, to enable smooth transition and in view of the peer review being conducted by the Financial Action Task Force (FATF) this year.

The 1984-batch IRS officer was otherwise to remain in office till November 18, 2023, according to the notification issued by the government. The bench, however, affirmed the amendments of the Central Vigilance Commission Act, and the Delhi Special Police Establishment Act to extend the tenure of the ED director for a maximum of five years.

On May 8, the top court had reserved its verdict on a batch of pleas challenging the two extensions of service granted to the ED chief which was defended by the Centre on grounds of the peer review being conducted by the FATF. The top court had on December 12 last year sought the response from the Centre and others to a plea challenging the third extension granted to Mishra.

It had issued notices to the Union of India, the Central Vigilance Commission and the ED director on a plea filed by Jaya Thakur which accused the central government of destroying the basic structure of democracy by misusing the enforcement agencies against its political opponents.

Also read: Centre extends ED director SK Mishra’s tenure by a year

The bench gave the verdict on a batch of petitions, including those filed by Congress leaders Randeep Singh Surjewala and Thakur, and TMC’s Mahua Moitra and Saket Gokhale.

Mishra, 62, was first appointed the director of the ED 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.

The government promulgated an ordinance last year under which the tenure of the ED and CBI chiefs could be extended by up to three years after the mandated term of two years.

(With inputs from agencies)