SC cancels ED chief's extension, sets deadline for new appointment
The Supreme Court on Tuesday canceled Enforcement Directorate (ED) chief Sanjay Kumar Mishra's third extension of tenure, terming it "illegal." It permitted him to stay in position until July 31 and asked the Centre to pick a new chief. The decision is considered a setback for the central government, which had pressed for his extension ahead of the Financial Action Task Force (FATF) review.
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Mishra's repeated extensions sparked controversy, as the ED's actions against opposition leaders were criticized. Several petitions were filed against his extension, including those from Congress leaders Randeep Singh Surjewala and Jaya Thakur, as well as Trinamool Congress leaders Mahua Moitra and Saket Gokhale. Notably, the Centre prolonged Mishra's tenure for one year for the third time, one day before his retirement last November.
Supreme Court invokes 'mandamus' of 2021 to cancel Mishra's extension
A bench headed by Justice BR Gavai held that Mishra could not have been granted the extension beyond November 2022 in view of a previous order of the Supreme Court in 2021, which barred Mishra from receiving another extension. The court said Mishra cannot be allowed to continue since "there was already a mandamus by the court against continuing his tenure beyond November 2022."
ED director's tenure extendable for 5 years only, says SC
According to the notification issued by the government last year, Mishra, a 1984-batch Indian Revenue Service (IRS) officer, was to remain in office till November 18, 2023. However, the SC acknowledged the amendments to the Central Vigilance Commission Act (CVC) and the Delhi Special Police Establishment (DSPE) Act to extend the tenure of the ED director for a maximum of five years.
Centre justified decision by showing FATF's upcoming review
While defending its decision to extend Mishra's tenure, the Centre earlier argued in court that Mishra's continuation at the helm of ED was essential in light of an upcoming peer review by the FATF. The government told the court that FATF will grade India on whether its laws are compliant with the international protocols on tackling money laundering and financial terrorism.
