Supreme Court Issues Notice On Centre's Plea To Modify Order Which Barred Further Extension Of ED Director SK Mishra's Term

The Supreme Court yesterday issued notice on an application filed by the Government of India to modify the order passed by the Court on September 8, 2021 which prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra beyond November 16, 2021. 

In its judgment delivered on September 8, 2021 in the case filed by Common Cause, the Supreme 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. In that judgment, the Court had held that the Centre could extend the term of ED Director beyond 2 years only in "rare and exceptional circumstances". Later, in November 2021, a few days ahead of the end of SK Mishra's term, the Centre promulgated an Ordinance to amend the CVC Act to enable the Centre to extend the term of ED Director up to 5 years. The Ordinance was replaced by an Act passed by the Parliament in December 2021. Based on the Ordinance, Mishra was given a further extension of one year.

On Thursday (October 20), the bench comprising Justices BR Gavai and BV Nagarathna issued notice to Common Cause on the Centre's application seeking to modify the last year's order.  Advocate Prashant Bhushan accepted notice on behalf of Common Cause. The bench has listed the matter on November 7th.

Solicitor General of India Tushar Mehta submitted that the application is justified on the basis of the CVC Amendment Act 2021.