Supreme Court Appoints Senior Advocate KV Viswanathan As Amicus Curiae In Plea Challenging ED Director's Extension; Posts Matter For Disposal On Sep 19

The Supreme Court, on Monday, appointed Senior Advocate KV Viswanathan as an amicus curiae for assistance in deciding a batch of petitions challenging the extension given to the Director of the Directorate of Enforcement.

The petitions also challenge Central Vigilance Commission (Amendment) Act 2021which allows the extension of the term of the Director of the Enforcement of Directorate up to 5 years.

A bench comprising Chief Justice of India UU Lalit and Justice S Ravindra Bhat posted the matter for disposal on September 19. 

Solicitor General of India Tushar Mehta, who submitted that most of the petitions have been filed by members of political parties whose leaders are facing ED cases, questioned the bona fides of the petitions.

The petitions have been filed by Congress leaders Dr.Jaya Thakur and Randeep Sing Surjewala, Trinamool Congress leaders Mahua Moitra and Saket Gokhale and Advocate ML Shara. 

They challenge 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.  

On September 8, 2021 in the case filed by Common Cause, the Court 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, the petitioners argue. This was done by way of promulgation of an ordinance to amend the Central Vigilance Commission Act to allow an extension up to 5 years for the term of ED Director. The Ordinance was replaced with the Act which was passed in December 2021. It has been argued in the plea that the 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. The petitioners contend that the extension given to Mishra is a blatant violation of the directions of the Supreme Court.

Case Title: Jaya Thakur v. UoI WP(C) No. 456/2022