The Supreme Court of India has declared the two extensions given to Sanjay Kumar Mishra, the chief of the Enforcement Directorate (ED), as illegal. However, Mishra has been allowed to continue in his position until July 31 for a smooth transition in the agency. The court’s decision comes after it upheld the government’s amendment to the Central Vigilance Commission Act and Delhi Special Police Establishment Act, which allow for up to three extensions of one year each for the directors of the Central Bureau of Investigation (CBI) and ED.
The extended term of Mishra, which was originally set to end in November, has been reduced by nearly four months. The Supreme Court stated that the two extensions given to Mishra by the government in 2021 and 2022 violated its September 2021 order, which directed against further extensions. However, considering the ongoing review process by the international watchdog Financial Action Task Force (FATF) and the time required for the appointment of Mishra’s successor, the court allowed him to continue until July 31.
Various petitions challenging Mishra’s continuation, including those filed by Congress general secretary Randeep Singh Surjewala and Trinamool MP Mahua Moitra, were heard by a three-judge bench of Justices B R Gavai, Vikram Nath, and Sanjay Karol.
The court’s decision emphasized that the nullification of their previous order by a legislative act, such as the amendment to the CVC Act, would be a violation of the principle of separation of powers, the rule of law, and Article 14 of the Constitution. It rejected the contention that the provision for multiple extensions could be misused by the government to influence the agencies, stating that there are sufficient safeguards in place to prevent abuse.
According to the bench, decisions regarding extensions will be made by high-powered committees, not the government, based on recommendations and recorded reasons in writing. The court affirmed that these committees can be trusted to determine whether the extension is in the public interest, considering they are also responsible for making the initial appointment recommendations.
Overall, the Supreme Court declared the extensions granted to Sanjay Kumar Mishra as illegal but allowed him to serve until July 31 in the interest of a seamless transition. The court also upheld the government’s amendment to the CVC Act and Delhi Special Police Establishment Act, which authorize multiple extensions for the directors of the CBI and ED.
