Setback for Centre as Supreme Court Invalidates Third Extension of Enforcement Directorate Chief

11-07-2023 : The decision of the Supreme Court regarding the extension of Sanjay Kumar Mishra’s tenure as the Chief of the Enforcement Directorate (ED) has dealt a setback to the Central government. The apex court has declared that Mishra’s third extension is illegal but has allowed him to continue in his position until July 31. The court has further directed the Centre to appoint a new chief after this date.

In November of the previous year, the Centre had granted a one-year extension to Mishra, who was originally appointed as the ED chief in November 2018. According to the initial appointment order, Mishra was set to retire after reaching the age of 60, which would have been two years later. However, in November 2020, the Centre revised the order and extended his tenure to three years. The Supreme Court had previously examined the validity of this extension and held that the tenure of a superannuated officer may only be extended in “rare and exceptional” circumstances.

In December 2022, the apex court had sought a response from the Centre while hearing pleas challenging the third extension granted to Mishra. The Centre argued that Mishra was undergoing a peer review by the Financial Action Task Force (FATF), comparing his role to that of an officer representing the country in a United Nations-like body. The Centre urged the court not to interfere with Mishra’s tenure, emphasizing that he would no longer be in office from November onwards.

After considering the submissions, the three-judge bench, headed by Justice Gavai, reserved its verdict on May 8. On Tuesday, the Supreme Court supported the amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, which empower the Centre to extend the terms of probe agency chiefs by up to five years. Opposition leaders, including Congress’ Randeep Singh Surjewala and Jaya Thakur, as well as Trinamool Congress MP Mahua Moitra, had filed separate public interest litigations (PILs) challenging the recent amendment in the Central Vigilance Commission Act.

The extension of Mishra’s tenure has faced criticism from opposition parties, who accuse the Centre of using probe agencies to target political rivals. The decision of the Supreme Court holds significance in upholding the principles of tenure limits and ensuring the independence of investigative agencies. By directing the appointment of a new chief after July 31, the court aims to maintain the integrity and fairness of the enforcement process.