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Supreme Court held as illegal the third extension granted to the Enforcement Directorate chief Sanjay Kumar Mishra and curtailed his extended tenure to July 31.
A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol said in view of the peer review being conducted by the Financial Action Task Force (FATF) this year and to enable smooth transition, Mishra’s tenure will be till July 31.
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 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 Enforcement Directorate 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 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.
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.
Reacting to the Supreme Court ruling , TMC Lok Sabha MP , Mahua Moitra Tweeted , A big thank you to my lawyers – senior counsel Gopal Sankaranarayanan & his team for battling for the independence of the ED. These are small victories for the ship of democracy.
A big thank you to my lawyers – senior counsel Gopal Sankaranarayanan & his team for battling for the independence of the ED. These are small victories for the ship of democracy. pic.twitter.com/o8ggdua8SS
— Mahua Moitra (@MahuaMoitra) July 11, 2023
Randeep Singh Surjewala, Congress Leader, General Secretary Tweeted
On a Petition instituted by me, the Supreme Court today pronounced its judgment striking down the extensions given to the ED Chief as illegal. ED Director will have to vacate office by the end of the month.
This is a victory of justice. This is a vindication of our stand on… pic.twitter.com/XTLCO7RdxW
— Randeep Singh Surjewala (@rssurjewala) July 11, 2023
Congress General Secretary KC Venugopal, told ANI “This is a slap on the government’s face. The motive to give an extension has been questioned by the Supreme Court verdict”
Rajya Sabha MP and UBT leader Priyanka Chaturvedi tweeted
Excellent decision by the Hon. SC. Slap on the face of those who were misusing authority and through illegal tenure extensions had created an environment of terror and character assassination. https://t.co/y9CHZBmWrt
— Priyanka Chaturvedi🇮🇳 (@priyankac19) July 11, 2023
