SC notice to Centre on plea against fresh extension to ED Director Sanjay Kumar Mishra

The Supreme Court on Monday issued notice to the Centre on a plea challenging the third extension granted to Enforcement Directorate's chief Sanjay Kumar Mishra.

A bench of Justices BR Gavai and Vikram Nath sought a response from the Union government, the ED director, and the Central Vigilance Commission within six weeks on a plea filed by Madhya Pradesh Congress leader Jaya Thakur.

The plea, filed through advocates Varun Thakur and Shashank Ratnoo, said that Mishra’s tenure extension is destroying the democratic process of the country.

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The plea said there are several competent officers who are eligible for consideration of appointment to the post of Director of Enforcement and they should not be deprived of the opportunity to be appointed in accordance with the procedure prescribed under the CVC Act.

“Even assuming without conceding that the tenure of Mishra can be extended, it cannot be for a period of one year when the original appointment was made for a period of two years. The nature of duties exercised by the Director of Enforcement would involve supervision of very important investigations. Under the guise of pendency of investigations into matters which have cross-border ramifications, the tenure of the Director of Enforcement cannot be extended periodically," the plea said.

It further contended that the Centre is destroying the “basic structure” of democracy by misusing the enforcement agencies against its political opponents.

The petitioner argued that despite an order from the apex court that no further extension shall be granted to Mishra, yet the government gave him a second extension from November 17, 2021 to November 17, 2022.

Besides Thakur, Congress leaders Randeep Singh Surjewala and TMC’s Mahua Moitra and Saket Gokhale, had also moved the court challenging the extension to the ED director.

On September 5, the court had appointed senior advocate KV Viswanathan as amicus curiae in the matter.

The petitioners have argued that extension given to Mishra is a blatant violation of the top court’s directions by promulgating an ordinance to amend the Central Vigilance Commission Act to allow an extension up to five years for the term of ED Director.