New Delhi, July 11, 2023: In a setback to the government, the Supreme Court ruled today that the extension of Sanjay Kumar Mishra’s tenure as Enforcement Directorate chief for the third time is illegal. However, the court granted him permission to continue in the role until July 31, after which the Centre must appoint a new chief for the probe agency, as mandated by the court.
The Supreme Court highlighted that Mishra’s extended term violates the judgment passed in 2021. Nonetheless, considering the Centre’s concerns regarding continuity during a peer review by the Financial Action Task Force (FATF), the global terror financing watchdog, Mishra has been allowed to serve until the end of this month.
The Centre had repeatedly cited peer review as the reason for extending Mishra’s term, asserting the need for his continuity. In May, during a hearing in the Supreme Court, Solicitor General Tushar Mehta, representing the Centre, stated, “This officer is not some Director General of Police (DGP) of any state but an officer representing the country in a United Nations-like body and is in the midst of something. This court must not interfere with his tenure, and from November onwards, he will not be there.”
Mishra, who assumed the role of Enforcement Directorate chief in November 2018, was initially slated to retire two years later upon reaching the age of 60. However, in November 2020, the government granted him an extension, which was subsequently extended twice.
The Supreme Court acknowledged the competence of the legislature and the absence of any violation of fundamental rights or manifest arbitrariness. It further supported the amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, enabling the Centre to extend the terms of probe agency chiefs for up to five years, if deemed in the public interest and supported by written reasons.
Mishra’s repeated extensions have faced criticism from the opposition, alleging that the government has exploited the Enforcement Directorate and the Central Bureau of Investigation (CBI) to target political opponents.
