Plea In Supreme Court Challenges CVC Amendment Act Allowing 5 Year Term For ED Director, Questions Extension Of Present Director's Tenure

A writ petition has been filed in the Supreme Court challenging the Central Vigilance Commission (Amendment) Act 2021, which allows the extension of the term of the Director of the Enforcement of Directorate up to 5 years.  

The petition filed by Dr.Jaya Thakur, a leader of the Indian National Congress, also challenges the order issued by the Central Government on November 17, 2021 to extend the term of the ED Director Sanjay Kumar Mishra by one more year.

The petitioner points out that the Supreme Court, in its judgment delivered on September 8, 2021 in the case filed by Common Cause had directed that further extension should not be given to SK Mishra, whose term as ED Director was then to end on November 16, 2021. However, contrary to the Supreme Court's direction, the Central Government extended his term by one more year with effect from November 17, 2021, argues the petitioner.

The petitioner further says that two days before the expiry of the term of SK Mishra, the President promulgated the Ordinance to amend the Central Vigilance Commission Act to allow extension up to 5 years for the term of ED Director. The Ordinance was replaced with the Act which was passed in December 2021.

The petitioner contends that the Ordinance was brought solely with the intention of giving benefit to SK Mishra. It is stated that Mishra had otherwise attained superannuation after attaining the age of 60 years in May 2020. He was initially appointed as ED Director in November 2018 for a two year period. Despite his superannuation, in November 2020, the Centre passed an order to retrospectively amend his initial appointment as 3 years. This action was challenged in the case Common Cause vs Union of India.

Although the Supreme Court upheld the one-year extension given to Mishra, it directed that no further extension should be given to him after November 2021.

"Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period. We do not intend to interfere with the extension of tenure of the second Respondent in the instant case for the reason that his tenure is coming to an end in November, 2021. We make it clear that no further extension shall be granted to the second Respondent", the Court had directed.

The petitioner contends that the extension given to Mishra is a blatant violation of the directions of the Supreme Court. Advocate Prashant Bhushan mentioned the matter before the Chief Justice of India today morning for urgent listing.

In April, Trinamool Congress leader Saket Gokhale had approached the Court challenging the extension of SK Mishra's term.