SC Permits SK Mishra To Continue As ED Director Till Sep 15

The Supreme Court on Thursday allowed the extension of the tenure of Enforcement Directorate Chief Sanjay Kumar Mishra till September 15.

However, the apex court stated that no further applications by the Central government for extension will be entertained.

"In ordinary circumstances, we would not have accepted such an application having held that the extension granted to him was illegal. We allowed him to continue till July 31 to allow smooth transition. Taking into consideration larger public interest, we permit ED director to continue for some more period. We add that no further application would be entertained for grant of extension. We also direct that the respondent will cease to be the director of ED with effect of midnight of 15th/16th September 2023", a bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol said.

Days after the Supreme Court held as "illegal" the repeated extension granted to ED Director Sanjay Kumar Mishra, the Centre on Wednesday moved the apex court seeking his continuance till October 15, saying his absence during the ongoing FATF review will adversely impact India's national interests.

Solicitor General Tushar Mehta told a bench of Justices BR Gavai, Hima Kohli and Prashant Kumar Mishra that the government has moved an application seeking modification of the apex court's July 11 verdict.

The top court had on July 11 held as "illegal" two successive extensions of one year each granted to Mishra and said that the Centre's orders were in "breach" of its mandamus in the 2021 verdict that the IRS officer should not be given further term.

It had also curtailed Mishra's extended tenure to July 31 from November.

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

63-year-old Mishra was first appointed the ED director 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.

Furthermore, the government passed an ordinance last year, granting the authority to extend the tenures of both ED and CBI chiefs for up to three years beyond the mandated two-year term.