The Supreme Court today is going to pronounce the judgement in the plea filed by a NGO named “Common Cause” challenging retrospective extension of ED Director Sanjay Kumar Mishra’s tenure beyond 2 years.
A Bench comprising of Justice L. Nageswara Rao, Justice B.R. Gavai and Justice B.V. Nagarathna will pronounce the judgement.
This petition has been filed seeking a direction to the Central Government to appoint a Director to Enforcement Directorate in a fair & transparent manner. The petitioner has submitted in its petition that at the end of Mishra’s two-year tenure as the ED Director, he would have been ineligible for reappointment by virtue of Section 25 of the CVC Act, 2003.
The petition has further submitted that according to provisions of the CVC Act, a Committee recommends the candidate to be appointed as the ED Director not below the rank of Additional Secretary to the Central Government and he shall continue to hold office for a period of not less than two years.
Sanjay Mishra was appointed as the Director of ED vide order dated November 19, 2018, and his mandatory two years tenure prescribed under the CVC Act came to an end on November 18, last year. His tenure had however been extended for one more year by the impugned Office Order dated November 13, whereby the 2018 amendment Order for appointment had been amended such that the period of ‘two years’ written in that order has been modified to a period of ‘three years’. Thus, in effect, Mishra has been given an additional one year of service as Director, Enforcement Directorate.
In the previous hearing Advocate Prashant Bhushan representing petitioner contended that the extension of tenure of Mr Mishra is destroying independence of ED, it has become means for harassment.
It has been further contended that there no provision in the CVC Act for extension of service of the Director, Enforcement Directorate nor any enabling provision which provides for such retrospective modification of appointment orders.
After hearing the parties court has reserved the order to pass in future. Now court is going to pronounce judgement this morning.