New Delhi, July 26, 2023: The Central government has approached the Supreme Court seeking an extension of the tenure of Sanjay Kumar Mishra, the incumbent Director of Enforcement Directorate (ED).
Mishra was directed by the top court to step down from his position by July 31. The matter was urgently mentioned before a bench led by Justice BR Gavai, and the Court agreed to hear the plea on Thursday at 3.30 pm.
Earlier, a three-judge bench of the Supreme Court had struck down Mishra’s previous extension, citing violation of the Court’s 2021 judgment, which had limited his tenure beyond November 2021. Mishra, who first assumed the role of ED Director in November 2018, had reached the retirement age of 60 in May 2020.
The Central government had attempted to modify the 2018 order, changing the term from “two years” to “three years,” which was challenged by the NGO Common Cause. In September 2021, the Supreme Court approved the modification but ruled against further extensions for Mishra.
Following the Court’s decision, the Central government introduced an ordinance to amend the Central Vigilance Commission (CVC) Act, granting itself the power to extend the ED Director’s tenure by up to five years. The parliament later passed a law allowing one-year extensions, subject to a maximum of five years.
The Supreme Court upheld the amendments made to the CVC Act, allowing the Central government to extend the ED Director’s tenure for up to five years. However, it struck down Mishra’s extension as it contradicted the 2021 judgment, directing the appointment of a new director by July 31.
The ongoing legal battle over the ED Director’s tenure has raised questions about the autonomy and accountability of key positions in government agencies. The outcome of the Supreme Court’s hearing will determine the future leadership of the Enforcement Directorate.
