On Wednesday, the government asked the Supreme Court to extend Sanjay Kumar Mishra’s contract as director of the Enforcement Directorate till October 15. The action was taken shortly after the top court ruled that Mishra’s third extension of his term as the head of the Enforcement Directorate (ED) was “illegal” and in breach of its ruling in 2021. However, it had allowed him to stay in office until July 31 in order to facilitate a “smooth transfer”.
In court, the government argued that extending Mishra’s tenure was in the best interests of the country because his absence from the ongoing Financial Action Task Force (FATF) examination would be detrimental.
What centre said in court:
Just a few days before Sanjay Kumar Mishra’s scheduled last day of employment, the Centre filed an urgent plea with the Supreme Court. It stated that the FATF evaluation is at a crucial point, that effectiveness submissions were filed on July 21, 2023, and that an on-site visit is planned for November 2023.
“At such a critical juncture, it is essential to have an individual who is well-acquainted with the overall status of money laundering investigations and proceedings across the country and also the intricacies of the procedures, operations and activities of the investigating agency, at the helm of affairs at the Directorate of Enforcement. This is necessary to ensure that the assessment team can be promptly and ably assisted with necessary reports, information, statistics, etc,” said the central government in its plea.
It further stated that, “Any transition in leadership at the Directorate of Enforcement at this stage, would significantly impair the ability of the agency to provide necessary assistance to and co-operation with the assessment team and thereby adversely impact India’s national interest.”
Tushar Mehta, the solicitor general, requested an immediate hearing in the case and informed the court that the government has filed an application to have the ruling from the top court’s July 11 hearing modified.
The case will be heard by the Supreme Court on July 27 at 3:30.
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