Published On: 27 Feb, 2023, 1:21 pm IST
New Delhi: Senior Advocate KV Viswanathan, amicus curiae in the case challenging the extension of the tenure of Director of Enforcement Directorate (ED) Sanjay Kumar Mishra, told the Court that such extension was illegal.
He cited the Supreme Court’s decisions in Vineet Narain & Ors v. Union of India and Anr and Common Cause v. Union of India to support his contention and explained that the issue was not about the incumbent Director at all, but was about the principle.
“Union claims there is an amendment to the CVC Act. And there is an extension given on November 17, 2021. My submission is keeping in line the long line of Vineet Narain, Common Cause etc, the extensions are illegal. It is not about the incumbent at all but the principle. Important principle that will have to be taken forward,” he said.
Solicitor General for India Tushar Mehta had alleged on affidavit that Mishra’s extension was challenged by opposition politicians facing serious money laundering charges.
A Bench of Justices BR Gavai and Aravind Kumar, however stated that it was not concerned with the fact that the petitioners were facing charges. The matter will be heard further on March 21, 2023.
The plea by Congress leader Jaya Thakur has challenged the third extension granted to Mishra.
Mishra was first appointed as ED Director for a two-year term in November 2018. This term expired in November 2020. In May 2020, he had reached the retirement age of 60.
However, on November 13, 2020, the Central government issued an office order stating that the President had modified the 2018 order to the effect that a time of ‘two years’ was changed to a period of ‘three years.’ This was challenged before the Supreme Court by the NGO Common Cause.
The Supreme Court had in a September 2021 verdict approved the modification, but ruled against granting more extensions to Mishra.
After the Supreme Court’s decision in 2021, the Central government brought in an ordinance amending the Central Vigilance Commission (CVC) Act, empowering itself to extend the tenure of the ED Director by up to five years.
This came to be challenged before the top court.
The petitions before the Supreme Court challenging the extension of ED Director Mishra’s tenure was filed with the intention of protecting Congress leaders who are facing money laundering charges, the Central government earlier told the Supreme Court.
The Centre further stated that there is “no embargo” on extending the tenures of Central Bureau of Investigation (CBI) and ED directors beyond the stated period of two years.
