LI Network
Published on: 28 July 2023 at 09:44 IST
The Supreme Court has granted an extension of tenure to Sanjay Kumar Mishra, the current Director of Enforcement Directorate (ED), until September 15, 2023.
The decision came after the Central government filed a plea seeking an extension, and the bench comprising Justices BR Gavai, Vikram Nath, and Sanjay Karol partially allowed the request. However, it was explicitly stated that no further extensions beyond this date would be granted.
The court’s order was in response to a modification plea filed by the Union government, seeking to amend the previous July 11 verdict, which had set a deadline of July 31 for the appointment of a new director for the ED.
The earlier extension granted to Mishra had been struck down by the apex court, as it was deemed to be in violation of a 2021 judgment.
To support their plea for extension, the Central government argued that Mishra’s continued presence was crucial for a smooth review process by the Financial Action Task Force (FATF) regarding India’s money-laundering probe operations.
The FATF review, scheduled to conclude in November, was considered a significant event, and the government asserted that Mishra’s expertise and continuity were essential to assist the FATF team during their visit to the country.
However, during the proceedings, the court raised concerns about relying excessively on one individual and questioned the need to view Mishra as indispensable.
The court pointed out that there are other competent officers in the ED who could handle the FATF review process effectively. Nevertheless, the court ultimately allowed the extension until September 15, 2023, to ensure a smooth transition and accommodate larger public interest.
It’s worth noting that Sanjay Kumar Mishra was originally appointed as the ED Director for a two-year term in November 2018, and his tenure expired in November 2020.
Despite reaching the retirement age of 60 in May 2020, the Central government modified the initial order to extend his term to three years. This modification was contested by the NGO Common Cause, leading to a Supreme Court verdict in September 2021, which approved the change but ruled against further extensions.
The government subsequently brought an ordinance and later passed a law allowing extensions of the ED Director’s tenure for up to five years, subject to certain conditions. However, the apex court’s July 11 ruling specified that Mishra must step down by July 31, 2023, ruling out any further extensions beyond that date.
