SC seeks govt response on pleas against extended term for ED director

The Supreme Court on Tuesday sought a response from the Union government on petitions challenging its decision to extend the term of the current director of the Enforcement Directorate (ED), Sanjay Kumar Mishra.

A Bench of Chief Justice of India N V Ramana and Justices Krishna Murari and Hima Kohli has posted the matter for next week.

 The court was hearing petitions filed by Congress and TMC leaders and others challenging the extended term for the ED director. Those challenging the Centre’s move include Jaya Thakur, Randeep Surjewala, Saket Gokhale, and Mahua Moitra.

 The counsel appearing for Surjewala argued that the amendment to the Central Vigilance Commission (CVC) Act by the central government to extend the ED director’s term to five years compromises the independence of the post.

The petitioners argued the Centre’s decision was against the apex court’s order of September 2021 which said no more extension of the term can be given to Mishra.

 In its earlier order, the court had allowed the central government to revise the term of the director from two to three years.

 Mishra was appointed ED director for a two-year term in November 2018. His term expired in November 2020; in May 2020; he reached the retirement age.

 But on November 13, 2020, the central government issued an order saying that the term of the director will be extended from two to three years. This was challenged by an NGO in the apex court.

The Bench of Justices L Nageswara Rao and BR Gavai in September 2021 had held that the central government had powers to revise the term retrospectively but it should only be done in the rarest of rare cases. The court also said the term of the ED director cannot be extended any further.

Subsequently, the Central government brought an Ordinance amending the CVC Act. This empowered the government to extend the term of the ED director up to five years. This Ordinance has now been challenged in the apex court.