New Delhi: The Central Government on Wednesday (July 26) requested the Supreme Court to modify the judgment which said that ED Director Sanjay Kumar Mishra can remain in office only till July 31. At the same time, the Central Government has asked the apex court to extend the tenure of ED Director Sanjay Kumar Mishra till October 15.
“At such a critical juncture, it is imperative that the Enforcement Directorate has a person at the helm of affairs who is well-versed with the overall status of money laundering investigations and proceedings across the country and the intricacies of procedures, operations, and activities of the investigating agency,” the Center said in the petition. It is essential to ensure that the evaluation team is assisted promptly and efficiently with necessary reports, information, data, etc.
The Center has also said that any change in leadership in the Enforcement Directorate at this stage would substantially impair the agency’s ability to provide necessary assistance and cooperation with the assessment team and would adversely affect India’s national interest.
Solicitor General Tushar Mehta told Justice B.R. Gavai, told a bench of Justices Hima Kohli and Prashant Kumar Mishra that the government has filed an application for modification of the July 11 judgment of the apex court. Mehta told the bench, “There is an urgent need for a hearing in this matter. We request an immediate listing of this application.” Justice Gavai said the July 11 judgment was delivered by three-judge benches, also comprising Justice Vikram Nath and Justice Sanjay Karol, and at present, they are part of different benches.
A hearing on this matter will be held tomorrow
Justice Gavai told Mehta, “Let the Registry request the Chief Justice to set up a bench”.” The Solicitor General requested the bench to list the matter urgently and said that the application should be heard by July 28 (Friday). After this, the bench agreed to hear the matter on Thursday at 3.30 pm.
Extended tenure was reduced to 31 July
Earlier, the Supreme Court, in its order on July 11, had invalidated the third extension of Mishra’s tenure and reduced his extended tenure to July 31. A bench of Justice Gavai, Justice Vikram Nath, and Justice Sanjay Karol had said that Mishra’s tenure would be till July 31 in view of the review to be carried out by FATF this year and to facilitate the new reinstatement in the post. As per the notification issued by the government, Mishra, a 1984 batch officer of the Indian Revenue Service (IRS), was to hold office till November 18, 2023.
