Pleas challenging tenure extension of ED Director filed for personal motive: Centre in Supreme Court

The petitions have questioned the legality of amendments made to the Central Vigilance Commission Act by way of the promulgation of an ordinance in November last year

The Centre on February 25 alleged in the Supreme Court that the real purpose of the petitions challenging the third extension in tenure given to Directorate of Enforcement (ED) Director Sanjay Kumar Mishra is to question and scuttle the legitimate statutory investigation being carried out against certain Congress party leaders.

The government said the petitions have been filed on the basis of personal motive and oblique interest.

A Bench led by Justice B.R. Gavai had issued notice to the Union of India and the Central Vigilance Commission on petitions filed by the likes of Congress party spokesperson Randeep Singh Surjewala, Trinamool Congress leader Mahua Moitra, social activist and general secretary of Madhya Pradesh Congress Mahila Committee Jaya Thakur.

The petitions have questioned the legality of amendments made to the Central Vigilance Commission Act by way of the promulgation of an ordinance in November last year. This ordinance, which allows extensions up to five years for ED Director, paved the way for the government to stretch Mr. Mishra’s tenure by a year till November 2022. The ordinance, which became an Act, was promulgated within days of a Supreme Court order barring any further extensions to Mr. Mishra.

Now, the government has again given the 1984-batch Indian Revenue Service officer his third extension in November 2022. He is expected to continue till November 18, 2023.

The petitioners have argued that the “piecemeal” one-year extensions in service the government is granting the ED Director affects institutional independence.