SC denied the third term extension for ED director SK Mishra & called “it illegal”

The Supreme Court has denied Sanjay Kumar Mishra’s third term extension, calling it “illegal.” But SC allowed Mishra to hold office until July 31, 2023, causing a significant setback for the government. SC ordered the center to appoint a new leader for the central investigation agency. Mishra, an IRS officer from the 1984 batch, was initially chosen as the ED’s director on November 19, 2018.

The Supreme Court denied SK Mishra’s third term extension, calling “it illegal”

According to the Supreme Court, Sanjay Mishra’s additional term is against a 2021 judgment directive.

Major setback for the Centre Govt

The Supreme Court on Tuesday declared Sanjay Kumar Mishra’s third tenure extension, which had been granted to him, to be “illegal” but still allowed him to hold the position until July 31, 2023, dealing a severe blow to the government of India. The Financial Action Task Force (FATF) is conducting an independent assessment this year, and to facilitate an effortless transition, the panel of Justices BR Gavai, Vikram Nath, and Sanjay Karol declared that Mishra’s tenure will run up to July 31.

SC: “Appoint a new head for the central investigation agency”

The top court added that “Mishra’s expanded period breaches the directions of a judgment in 2021” and ordered the Centre to find a new leader for the central investigation agency.
However, the bench upheld the additions to the Delhi Special Police Establishment Act and the Central Vigilance Commission Act that increased the ED director’s term to a maximum of five years.

The court’s decision regarding numerous petitions

The bench decided on many petitions, including those brought by TMC’s Mahua Moitra and Saket Gokhale, as well as Congressmen Randeep Singh Surjewala and Thakur.

Earlier, SC postponed ruling on numerous petitions

On May 8, the Supreme Court delayed ruling on a series of petitions challenging the third extension of employment given to the head of the Enforcement Directorate, which the Centre justified by citing the FATF’s review process. On December 12 of last year, the top court requested a reply from the Centre and others concerning a complaint contesting the third extension given to Mishra.

Sanjay Kumar Mishra, an IRS officer from the 1984 batch

According to a prior government notification, Mishra, an IRS officer from the 1984 batch, planned to serve until November 18, 2023.

The Centre defended its choice to extend Mishra’s tenure as director of the Enforcement Directorate in February of this year. The Centre also urged the top court to reject the appeal of the decision.

On November 19, 2018, Mishra, 62, was initially chosen as the ED’s director for two years. Later, the central government retroactively changed the appointment letter, increasing his two-year term to three years, by order dated November 13, 2020.

Last year, the government issued a regulation that allowed the ED and CBI directors’ terms to get extended after the required two years by three more.

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