Will ED Director Get A Third Extension? Centre Moves Supreme Court

New Delhi: The Central government has moved a fresh application in Supreme Court seeking a further term extension of Enforcement Directorate (ED) chief Sanjay Kumar Mishra.

The apex court had ruled on July 11 that the proposed third extension — until November 18, 2023 — to Mishra’s tenure as ED chief was “illegal” and in violation of its judgment in 2021. The court, however, permitted him to continue in office until July 31 to allow a “smooth transfer.”

On Wednesday, Solicitor-General Tushar Mehta, arguing for the Central government, urged a bench headed by Justice Gavai to hear an application filed with respect to its own judgement.

“I am circulating one miscellaneous application. There is some prayer we are making which will have to persuade Your Lordships on this side… before Friday,” Mehta told the court.

The Justice Gavai-headed bench agreed to list the application on July 27 at 3.30 pm.

The Centre has been embroiled in a political controversy over its decision to extend the 1984-batch IRS officer’s tenure more than once.

Mishra, who first became ED chief in November 2018, was to retire two years later — at the age of 60 — as per the appointment order.

In November 2020, though, the Centre revised the order and increased his tenure from two years to three years.

The validity of revision and extension of Mishra’s tenure was challenged in Supreme Court in Common Cause vs Union of India case. A division bench, headed by Justice L Nageswara Rao, held that extensions could be granted only in “rare and exceptional cases” for a short period of time.

The top court affirmed the move to extend Mishra’s tenure, but ruled that no further extension was to be granted to the ED chief.

Then, 3 days before Mishra was to retire in November 2021, President Ram Nath Kovind promulgated two ordinances, amending Delhi Special Police Establishment Act, 1946 and Central Vigilance Commission Act, 2003.

These ordinances culminated in bills, which were approved by the Parliament in December. Based on these amendments, tenures of CBI and ED Directors could be extended by one year at a time till the completion of five years from the initial appointment.

Last November, Mishra was granted another one-year extension, which was challenged before the Supreme Court.