”3rd Time Extension Illegal”: Supreme Court On Probe Agency Chief’s Term

New Delhi:

The extension of Sanjay Kumar Mishra’s tenure as Enforcement Directorate chief for the third time is against the law, the Supreme Court docket mentioned at this time in a setback to the federal government, however allowed him to proceed until July 31. The Centre should appoint a brand new chief for the probe company after that, the court docket mentioned.

SK Mishra’s prolonged time period violates the mandate of a judgment in 2021, the Supreme Court docket mentioned.

However the court docket mentioned he would proceed until July 31 after the Centre expressed concern about continuity in the midst of a peer evaluate by the Monetary Motion Process Pressure (FATF), the worldwide terror financing watchdog.

The Centre had cited the peer evaluate each time it prolonged Mr Mishra’s time period. In Might, the federal government had advised the Supreme Court docket that he would retire in November. “This officer is just not some DGP (Director Common of Police) of any state however an officer representing the nation in a United Nation-like physique and is within the midst of one thing. This court docket should not intrude along with his tenure and from November onwards, he won’t be there,” Solicitor Common Tushar Mehta had mentioned on behalf of the Centre.

“He has been overseeing some vital investigations associated to cash laundering and his continuity was required within the curiosity of the nation. He’s not indispensable. Peer evaluate was earlier scheduled to be held in 2019 however was postponed on account of Covid and it’s taking place in 2023,” he mentioned.

In a peer evaluate, nations are assessed on steps taken to examine terror financing and cash laundering, say officers.

Mr Mishra was appointed the Enforcement Directorate’s chief in November 2018. He was to retire two years later after turning 60. However in November 2020, the federal government gave him an extension. His time period was prolonged twice after that.

“We discover that the legislature is competent, no basic rights have been violated, and there’s no manifest arbitrariness… extension may be granted to high-level officers resembling this within the public curiosity and with causes in writing,” the Supreme Court docket mentioned.

The court docket backed the amendments made to the Central Vigilance Fee Act and the Delhi Particular Police Institution Act, which permit the Centre to increase the phrases of probe company chiefs by as much as 5 years.

Mr Mishra’s repeated extensions had provoked robust objections from the opposition, which accuses the federal government of weaponising the Enforcement Directorate and the CBI to focus on political rivals.