Enforcement Directorate Chief's Extension Illegal: SC

The Supreme Court on Tuesday quashed the central government order of granting third extension to Enforcement Directorate Sanjay Kumar Mishra. However, the court said that Mishra can continue in his post till July 31.

Delivering the verdict, the apex court said the extension for the third time is invalid under the law.

"Is there no competent person in the entire agency and can one person be so indispensable?", the top court asked Solicitor General Tushar Mehta.

"What will happen to the agency post-2023 when he does retire?", the bench comprising justices Vikram Nath and Sanjay Karol, queried Mehta.

"We find that the legislature is competent, no fundamental rights have been violated, and there is no manifest arbitrariness...extension can be granted to high-level officials such as this in the public interest and with reasons in writing," the bench said.

The bench, however, affirmed the amendments of the Central Vigilance Commission Act, and the Delhi Special Police Establishment Act to extend the tenure of ED director for a maximum of five years.

The court said in view of the peer review being conducted by the Financial Action Task Force (FATF) this year and to enable smooth transition, Mishra's tenure will be till July 31.

The 1984-batch IRS officer was otherwise to remain in office till November 18, 2023, according to the notification issued by the government.

The bench gave the verdict on a batch of petitions, including those filed by Congress leaders Randeep Singh Surjewala and Thakur, and TMC's Mahua Moitra and Saket Gokhale.

Mishra, 62, was first appointed the director of the ED for two years on November 19, 2018. Later, by an order dated November 13, 2020, the central government modified the appointment letter retrospectively and his two-year term was changed to three years.

The government promulgated an ordinance last year under which the tenure of the ED and CBI chiefs could be extended by up to three years after the mandated term of two years.