Supreme Court Judge Justice SK Kaul Recuses From Hearing Pleas Challenging Extension Of ED Director SK Mishra's Term
Supreme Court judge Justice Sanjay Kishan Kaul on Friday recused from hearing the petitions challenging 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 petitions have been directed to be listed before a bench in which Justice SK Kaul is not a member. "I cannot take up the matter", Justice...
Supreme Court judge Justice Sanjay Kishan Kaul on Friday recused from hearing the petitions challenging 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 petitions have been directed to be listed before a bench in which Justice SK Kaul is not a member. "I cannot take up the matter", Justice Kaul said.
Senior Advocate Gopal Sankaranarayanan, appearing for one of the petitioners, requested for an early listing saying that the Central Government yesterday issued yet another notification to give one additional year extension to SK Mishra, which will frustrate the objective of the petitions. Justice Kaul however said that he cannot direct for an early listing.
"Since the counsel expressed some urgency, the matter be placed before the CJI for necessary orders", the bench recorded in the order.
A bench of Justices Sanjay Kishan Kaul and AS Oka was considering the petitions filed by Congress leader Dr Jaya Thakur, RS Surjewala, Trinamool Congress leaders Mahua Moitra and Saket Gokhale, Vineet Narain and ML Sharma. 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.
Earlier, the Court had appointed Senior Advocate KV Vishwanathan as an amicus curiae in the matter.
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, 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.
In September, the Central Government filed a counter-affidavit in the matter, opposing the petitions as "politically motivated" and stating that long tenure for the ED director is necessary in public interest. Claiming that the petitioners' have an erroneous understanding that it is the central government which at its discretion in deciding extensions of terms of the Heads of agencies, the affidavit pointed out that High Powered Committees decide this aspect.