Published on: 11 July 2023 at 16:59 IST
The Supreme Court has declared the extension of Enforcement Director Sanjay Kumar Mishra’s tenure as illegal. Mishra will continue to serve as the ED director until July 31, as stated by the apex court.
The court had reserved its order in May after hearing arguments from all parties involved. The Solicitor General representing the Centre informed the court that Mishra, although not the Director General of Police, represents the country internationally, and Parliament has made a conscious decision regarding his tenure.
The Amicus Curiae requested the court to strike down the amendment, expressing concerns about potential misuse by future governments. The government defended the extension, citing the trans-border implications of money laundering offenses and the need for administrative reasons, including the country’s evaluation by the Financial Action Task Force.
The petitions challenged the Centre’s decision to extend Mishra’s tenure, which was made on November 17, 2022. The Amicus Curiae raised objections to the extension, arguing that other officers’ availability and suitability were not adequately considered.
The Centre countered the petitions, calling them motivated and urging the court to dismiss them. The Centre argued that the petitions were filed for personal interests rather than public interest and constituted a misuse of Article 32 of the Constitution. The Centre also stated that the concerned individuals under investigation by the ED were competent to approach the respective courts for relief under the Code of Criminal Procedure.
