New Delhi (12.07.2023): Terming the third extension to ED Director Sanjay Kumar Mishra (IRS IT: 1984) as illegal and fixing his tenure up to the last day of this month as ED Chief by the Supreme Court of India being perceived as a victory and rejoiced is nothing but a folly. Mishra was serving after getting a third extension and was supposed to be in office till November 18, 2023 for a total tenure as ED chief for five years.
What made the decision crucial is that it came in the midst of a fast changing political scenario when both the ruling dispensation and opposition parties are gearing up for 2024 LS Polls and the opposition parties are firing one after another salvo on the Centre as never before. Now, what Mishra stood out for and became eyesore for many because he took ED to an unprecedented height far more lethal than the CBI and brought it to the core of the Centre’s playbook.
A section of stakeholders termed it a setback for the Centre while others termed it a great loss for the outgoing ED Chief. But the government instead of keeping silent on the setback theory as generally it does on such issues became vocal and refused to buy the argument when Union Home minister Amit Shah tweeted on the issue. But the only consolation could be that the SC tactfully kept both the parties happy which certainly was not the intention of the court as petitioners seem to have won the case while the government got vindicated by the SC by upholding the Central Vigilance Commission Act and the Delhi Special Police Establishment Act allowing the Centre to have its complete sway over ED & CBI. For the SC, the decision was certainly a tough call interpreting law which not upheld the Parliament decision on CVC Act and DSPA but also its own decision on removing Mishra.
Responding to the setback theory, Shah tweeted that those rejoicing over the Hon'ble SC decision on the ED case are delusional for various reasons. He added that the SC has upheld the amendments to the CVC Act and the Delhi Special Police Act which were duly passed by the Parliament. He said that the ED Chief will change but the framework of law, power and provisions of PMLA would remain the same. In a way, the HM underlined that the SC has reinforced Centre’s powers. Presently the tenure of ED Director is fixed for 2 years and the Centre can give three successive extensions of one year each up to maximum for five years.
Now, provisions of the Prevention of Money Laundering Act (PMLA), 2002, GST Network has also been included in the list of entities with which the Enforcement Directorate will share information rather giving more power to the agency.
What Next for SK Mishra?
There are many finer lines and meanings of the decision. For all practical purposes, the SC ensured adequate time and space to reconsolidate ED several months ahead of 2024 LS Polls. For past several months top sources indicated Indianmandarins that the Centre might entrust Mishra with a key responsibility ahead of completion of his term as ED Chief i.e. November 18, 2023. It was discussed that Mishra may be drafted as Governor of one the states in North East or in South. A section of sources presumed him to be the next High Commissioner of India to UK while some wild guesses were made about him being sent to Rajya Sabha and even an Union Minister in the next reshuffle. Out of all such conjectures, what could be the takeaway is that there is a consensus on his unmatched competence and his utility for the New Delhi dispensation.
Who will be the next ED Chief?
There is a long list of probable successors of Mishra. Initially, Pravin Kumar (IRS IT: 1987) was the frontrunner for the post of ED Chief. Kumar was recently appointed as Member, CBDT but nothing stalls his chances. The second name in the reckoning is former Director of Financial Intelligence Unit Pankaj Kumar Mishra (IRS IT: 1989), empanelled for holding Secretary level post in Government of India in November last year. Immediately after the SC decision a few more names joined the list including Seemanchala Dash (IRS IT: 1988), former Principal Special Director in the ED and later on Adviser to Executive Director of International Monetary Fund (IMF).
An IAS officer as ED Chief?
A section of the senior-most officials believes that one cannot deny the possibility of an IAS officer being appointed as the next ED Chief however it appears to be a remote possibility in view of the pace and activities of the present day ED that to ahead of 2024 LS Polls. This may be a possibility if one buys the theory of a possibility doing rounds of ED being forced upon into a low decibel activity for next two years but that appears to be unrealistic which is corroborated by the resounding tweet of the HM. So, this is certainly not a possibility. Whosoever be Mishra’s successor, there is unanimity among senior officials that it would be an arduous task for the next Chief to fit into Mishra’s shoes.
Facts about SK Mishra’s tenure:
SK Mishra was first appointed as the ED Director on November 19, 2018, for a fixed tenure of two years. Couple of days before his tenure ended, the President on November 13, 2020, modified the previous order retrospectively and changed Mishra’s tenure to three year.
On September 8, 2021, a Bench of Justices B R Gavai and L Nageswara Rao upheld the Centre’s order extending the tenure of Mishra beyond two years. However, the Bench said that “extension of tenure…to officers who have attained the age of superannuation should be done only in rare and exceptional cases”, and that such extensions “should be for a short period”.principal special Director on being appointed as advisor to Executive Director of lnternational Monetary Fund
(By Rakesh Ranjan)
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