SC extends ED chief's tenure till September 15
The Supreme Court on Thursday extended the tenure of Enforcement Directorate (ED) Director Sanjay Kumar Mishra till September 15 in "larger public interest," adding that no further extensions will be granted in the matter. According to the court's July 11 ruling, Mishra's tenure was to end on July 31 as the previous extensions given to the officer were "illegal."
Why does this story matter?
Mishra's repeated tenure 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.
SC asks if entire ED is full of 'incompetent people'
During the hearing, the court raised doubts about the Centre's plea for an extension, expressing concerns about how it might reflect on the competence of the entire department, not just the current director. "Is the entire department full of incompetent people? Is it not demoralizing to the entire department that it cannot work if one person is not there?" the apex court asked.
Centre defending extensions by showing FATF review
Notably, the central government on Wednesday filed a plea asking for the extension of Mishra's tenure till October 15 in view of the ongoing peer review by the Financial Action Task Force (FATF). The petition said the review was in a critical stage as effectiveness submissions have been made on July 21, while an on-site visit would be carried out in November.
ED director's tenure extendable for 5 years only: SC
Mishra, a 1984-batch Indian Revenue Service officer, was to remain in office till November 18, 2023. On July 11, the SC acknowledged the amendments to the Central Vigilance Commission Act (CVC) and the Delhi Special Police Establishment (DSPE) Act to extend the ED director's tenure for a maximum of five years. However, it noted that they cannot be used to defend Mishra's extensions.