The Apex court has refused the plea of extension of the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra’s tenure on the basis that it was in violation of the Supreme Court’s 2021 judgment/
A bench comprising of Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol said that giving extension to Mishra was against the 2021 judgment that Supreme court bench rendered by a division bench of the Supreme Court in this regard wherein the apex court had, in effect, issued a mandamus preventing Mishra from having extensions beyond November 2021.
The Court, however, said that Mishra can continue in his post till July 31.
Pertinently, the Court upheld the amendments to the Central Vigilance Commission Act (CVC Act) conferring power on the Central government to extend the tenure of ED director by upto 5 years.
The Court ordered.Challenge to CVC Act and Delhi Special Police Establishment Act Act is dismissed to that extent. Extension granted to Sanjay Kumar Mishra after SC verdict is illegal. However he is permitted to hold office till July 31, 2023.
The Court said that while the legislature is empowered to enact law allowing extension of tenure of ED Director, it would not come to the rescue of Mishra since there was a specific Mandamus by the apex court in its 2021 judgment against Mishra being given extension.
“We have held though legislature is competent to take away basis of judgment it cannot annul the mandamus. In common cause there was a specific mandamus and it was directed that there should be no further extension. Thus, extensions gave after verdict was invalid in law,” the Court said.
The judgment came in a batch of petitions challenging the extension of the tenure of the current Director of the Enforcement Directorate (ED), Sanjay Kumar Mishra.