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

The Supreme Court on Tuesday declared as illegal the widely challenged third extension given to Enforcement Directorate chief Sanjay Kumar Mishra and said his tenure cannot extend beyond July 31.

A Bench of Justices BR Gavai, Vikram Nath and Sanjay Karol said the tenure will be there till July 31 to enable smooth transition and in view of the peer review conducted by the Financial Action Task Force (FATF) this year.

The 1984-batch IRS officer was otherwise to remain in office till November 18 this year.

The judges, however, affirmed the amendments of the Central Vigilance Commission Act and the Delhi Special Police Establishment Act to extend the tenure of 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 third extension of service granted to the ED chief which was defended by the Centre on grounds of the peer review.

The apex court had on December 12 sought the response from the Centre and others to a plea challenging the third extension.

Destroying democracy

It 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.

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 ED director for two years on November 19, 2018. Later, on November 13, 2020, the Centre 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 agency inputs)