Big blow to Centre, SC rejects extension granted to ED Director Sanjay Kumar Mishra, calls it ‘illegal’

New DelhiIn a major setback to the Centre, the Supreme Court on Tuesday termed as ‘illegal’ the third extension of tenure granted to Enforcement Directorate chief Sanjay Kumar Mishra, but allowed him to continue in office till July 31, 2023. Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol said that in view of the peer review being conducted by the Financial Action Task Force (FATF) this year and to enable a smooth transition, Mishra’s tenure will be till July 31.

The apex court also directed the Center to find a new chief for the central probe agency, adding that “the extended tenure of Mishra violates the mandate of the judgment in 2021”.

The bench delivered the verdict on several petitions, including those filed by Congress leaders Randeep Singh Surjewala and Thakur, and TMC’s Mahua Moitra and Saket Gokhale.

As per the earlier notification issued by the government, Mishra, a 1984 batch IRS officer, was to continue in the post till November 18, 2023.

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

On May 8, the top court had reserved its judgment on petitions challenging the third extension of service granted to the Enforcement Directorate chief, which the Center had defended on the basis of peer review being conducted by the FATF. The apex court had on December 12 last sought response of the Center and others on a plea challenging the third extension granted to Mishra.

In February this year, the Center defended its decision to grant extension to Mishra as director of the Enforcement Directorate and urged the top court to dismiss the petition challenging the decision saying the petition was motivated. The Central Government gave its stand on an affidavit filed in response to a petition challenging the extension of the ED Director.

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

The government had last year issued an ordinance under which the tenure of ED and CBI chiefs can be extended by three years after the mandatory tenure of two years.