New Delhi: The Supreme Court on Thursday extended the tenure of Enforcement Directorate (ED) director Sanjay Mishra till September 15, giving a big relief to the central government. On July 26, days after the Supreme Court held as ‘illegal’ the extension of ED director Sanjay Kumar Mishra’s term, the Center moved the apex court to allow him to continue in office till October 15. Accepting the demand of the central government to extend the term, the court has modified its order of July 11. Also, the Supreme Court said that it will not interfere in any petition to extend the tenure of the ED director in the future.
During the hearing, the government told the Supreme Court that ED Director Mishra was not indispensable, but his presence was necessary for the Financial Action Task Force (FATF) review exercise. The Center said that there is an intention of some neighboring countries that India should come in FATF’s ‘suspicious list’ and therefore continuity in the post of ED chief is necessary.
After hearing the Centre’s argument, the Supreme Court ruled to extend the tenure of ED Director Sanjay Kumar Mishra till 15 September. The top court said it is extending the tenure of the ED director in the larger public and national interest.
The Supreme Court, in its order on July 11, held Mishra’s third extension to be illegal and reduced his extended tenure to July 31. Justice Gavai, Justice Vikram Nath and Justice Sanjay Karol’s bench had said that in view of the review issued by FATF this year and to smoothen the new reinstatement in the post, Mishra’s tenure will be till July 31.
The bench had on July 11 delivered the verdict on a series of petitions, including those filed by Congress leaders Randeep Singh Surjewala and Jaya Thakur and Trinamool Congress leaders Mahua Moitra and Saket Gokhale, challenging Mishra’s extension. As per the notification issued by the government, Mishra, a 1984 batch officer of the Indian Revenue Service (IRS), was to continue in office till November 18, 2023. The FATF is a global body that leads action to combat money laundering and terrorist financing.
Mishra (63) was first appointed as the director of the ED on November 19, 2018, for two years. Later, through an order dated November 13, 2020, the central government modified the appointment letter with retrospective effect and his tenure of two years was changed to three years. The government had last year promulgated an ordinance under which ED and Central Bureau of Investigation (CBI) chiefs can be given a three-year extension after the mandatory tenure of two years.
