SC issues notice on plea over ED’s director tenure extension

The Supreme Court has issued notice to “Common Cause” on the Centre’s plea seeking modification of its order which barred the government from extending the tenure of Sanjay Kumar Mishra, the director of the Enforcement Directorate.

A bench of Justices BR Gavai and BV Nagarathna, in its order delivered on Thursday, said, “Issue notice, returnable on 07.11.2022.” Advocate Prashant Bhushan, counsel appearing for the respondent, accepted the notice.

The Centre was represented by Solicitor General Tushar Mehta, and advocates Mukesh Kumar Maroria, Rajat Nair, and Kanu Agarwal.

The Centre has filed an application seeking a modification of the court order dated 8 September, 2021, whereby it was ordered that there should be no further extension granted to Sanjay Kumar Mishra, the incumbent Director, and ED.

In its plea, the Centre requested that the observation that “no further extension shall be granted to the second respondent” be modified and that the said direction be deleted in light of subsequent amendments to the fifth proviso to Fundamental Rule 56(d) of the Government of India’s Fundamental Rules, 1922 and Section 25 of the Central Vigilance Commission Act, 2003.

The top court, in its order dated 8 September, 2021, said that no further extension shall be granted to the second respondent, i.e., to Sanjay Kumar Mishra.

According to the Centre, following the aforementioned judgment, on 14 November, 2021, the President of India was pleased to promulgate the Central Vigilance Commission (Amendment) Ordinance, 2021, by which two provisos were added to Section 25(d) of the CVC Act.Section 25(d) of the CVC Act, provides that a Director of Enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office.

The provisos introduced by way of the Ordinance dated 14.11.2021 enable the extension of the term of the Director of Enforcement, subject to a maximum term of service of five years. The Amendment was introduced by the two provisions to Section 25(d) of the CVC Act.