Supreme Court deems extension of ED director illegal, orders term to end by July 31.

NEW DELHI: The Supreme Court on Tuesday set July 31 deadline for the tenure of Enforcement Directorate director Sanjay Mishra. The top court said the third extension granted to the 1984 batch IRS officer was illegal as it was against its directions. The present extended term of Sanjay Mishra was to end in November 2023.

★The Centre had justified its decision to grant extensions to Mishra saying his continuance was necessary as the Prevention of Money Laundering Act (PMLA) and steps taken by India are going to be reviewed by international watchdog, Financial Action Task Force (FATF).

★The top court had during the hearing questioned the extensions given to Mishra and had asked the Centre whether he is “indispensable” and if there is no other competent officer in the investigation agency.

★Mishra was first appointed ED director for a term of two years in November 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. in 2022, the government promulgated an ordinance under which the tenure of the ED and CBI chiefs could be extended by up to three years after the mandated term of two years.

★The top court, however, upheld the constitutional validity of amendment in CVC, DSPE Acts to grant five years tenure to ED and CBI chiefs.

★The Supreme Court allayed apprehensions that extension of tenure to ED and CBI directors would compromise the independence of the agencies and said that there are ample safeguards in the acts to prevent any misuse.

★The bench gave the verdict on a batch of petitions, including those filed by Congress leaders Randeep Singh Surjewala and Jaya Thakur and TMC’s Mahua Moitra and Saket Gokhale.

Source: Times of India