Supreme Court Issues Notice To Centre On Plea Challenging Third Extension Given To ED Director SK Mishra

The Supreme Court on Monday issued notice on a plea filed challenging the third extension granted to Director of Enforcement Directorate Sanjay Kumar Mishra.

A bench comprising of Justices B. R. Gavai and Vikram Nath sought response from Union of India, Central Vigilance Commission and Sanjay Mishra on the plea filed seeking directions to quash the order granting extension of tenure as Director of Enforcement Directorate.

The writ petition filed by Congress leader Dr.Jaya Thakur has taken the contention that the extension order is contrary to the judgment of the Supreme Court in the matter Common Cause versus Union of India and Others, where the top court had passed a specific direction that SK Mishra should not be given further extension.

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 petitioner argues. 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 was argued before the Court that the amendment was brought solely with the intention of giving benefit to SK Mishra. It was 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 Supreme Court had earlier issued notice on another batch of petitions is pending which challenge the CVC Amendment Act 2021. On November 17 this year, Mishra was given another one-year extension, which has been challenged by way of this present petition filed by Jaya Thakur.

Case Title: Dr. Jaya Thakur vs. Union of India and Ors. - W. P. (C) No. 1106/2022

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