New Delhi (11.07.2023): In a mix bag judgment, the Supreme Court on Tuesday held fresh extension given to the terms of Enforcement Directorate chief Sanjay Kumar Mishra (IRS IT: 1984) as illegal for violating the mandate of the Supreme Court's 2021 judgment in the Common Cause case that he should not be given further extension.
Now Mishra will have to relinquish his post four months prior to his retirement after third extension. The bench had reserved its judgment in May.
The Court allowed him to continue in his post till July 31, 2023, taking into consideration the concerns expressed by the Union Government regarding peer review of international body FATF and smooth transfer of power. The SC upheld amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act which allows the Centre to extend the term of the heads of ED and CBI up to 5 years. Noting that the scope of judicial review over legislation is very limited and that the appointments of these officers are made by a high-level committee and there are sufficient safeguards. Extension can be granted to high-level officials in the public interest and with reasons in writing.
Petitions challenging Mishra’s appointment as well the recent amendment to the Central Vigilance Commission Act were filed by Congress leaders Jaya Thakur, Randeep Singh Surjewala, Trinamool Congress MP Mahua Moitra and party spokesperson Saket Gokhale.
SC fixes July 31 as last day of ED chief in office
By IndianMandarins - 2023-07-11 14:53:00
New Delhi (11.07.2023): In a mix bag judgment, the Supreme Court on Tuesday held fresh extension given to the terms of Enforcement Directorate chief Sanjay Kumar Mishra (IRS IT: 1984) as illegal for violating the mandate of the Supreme Court's 2021 judgment in the Common Cause case that he should not be given further extension.
Now Mishra will have to relinquish his post four months prior to his retirement after third extension. The bench had reserved its judgment in May.
The Court allowed him to continue in his post till July 31, 2023, taking into consideration the concerns expressed by the Union Government regarding peer review of international body FATF and smooth transfer of power. The SC upheld amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act which allows the Centre to extend the term of the heads of ED and CBI up to 5 years. Noting that the scope of judicial review over legislation is very limited and that the appointments of these officers are made by a high-level committee and there are sufficient safeguards. Extension can be granted to high-level officials in the public interest and with reasons in writing.
Petitions challenging Mishra’s appointment as well the recent amendment to the Central Vigilance Commission Act were filed by Congress leaders Jaya Thakur, Randeep Singh Surjewala, Trinamool Congress MP Mahua Moitra and party spokesperson Saket Gokhale.
