Enforcement Directorate: On Tuesday, Supreme Court called out Central government’s decision to extend term of Enforcement Directorate Director Sanjay Kumar Mishra for the third time as “illegal.” Supreme Court denied the decision stating “In view of FATF peer review and to enable a smooth transition, ED Director Sanjay Kumar Mishra’s tenure will be till July 31, 2023.”
The bench that handed the decision was comprised of Justices BR Gavai, Vikram Nath and Sanjay Karol. The government had issued a notification that Sanjay Kumar Mishra will remain in his position till November 18, 2023.
The judgement
In May SC had reserved its verdict on a set of petitions made by Congress leaders Jaya Thakur, Randeep Singh Surjewala as well as TMC’s Mahua Moitra and Saket Gokhale. However the Centre defended the extension as the peer review conducted by the FATF was still in process.
By passing the judgement the SC made the orders passed on November 17, 2021 and November 17, 2022 for Sanjay Mishra’s extension as director to be illegal. The Supreme Court made the observation that providing further extension would clearly be in violation of Common Cause v Union of India, where Justice L. Nageswara Rao held that extensions can only be provided in ‘rare and exceptional cases.’
“Although the basis of a judgment can be taken away, the legislature cannot annul the specific mandamus that barred further extension…That would amount to sitting in appeal over judicial act.” Justice BR Gavai stated.
Extension could only be granted in the public interests and with reasons in writing to court
DSPE and CVC Act
The Supreme Court decided to affirm the amendments in the Delhi Special Police Establishment DSPE Act 1946 and Central Vigilance Commission Act grating Central government the authority to extend the tenure of CBI chief and ED director by a possible 3 years in addition to the mandatory 2 years under certain circumstances.
The petitioners have alleged that Central government uses ED to harass the opposition and infringes on the Democratic rights of people.
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