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ED Director News: Sanjay Kumar Mishra, director of the Enforcement Directorate ie ED, will have to step down from his post by 31 July. The order of the central government extending his term has been declared illegal by the Supreme Court.
The court said, "We had ordered in 2021 itself that Mishra’s tenure should not be extended further. Still it was increased by bringing the law. The order to extend his tenure was illegal in this sense. He can remain in his post till 31 July. During this, the central government should select the new director."
2021 Verdict
The tenure of Sanjay Kumar Mishra, who became ED director in 2018, was ending in 2020, but the central government gave him a one-year extension. NGO Common Cause challenged this in the Supreme Court.
On September 8, 2021, the Supreme Court said that Mishra’s extended term is ending on November 18, so it will not be interfered with, but his term should not be extended further.
Government brought new law
On completion of this period in November 2022, he was given one more year of service extension. In this context, on November 18 this year, he was completing 5 years while in office. However, now after the order of the court, he will have to step down from his post on July 31.
Challenged by the petitions
Many petitioners including Congress leader Randeep Surjewala, TMC MP Mahua Moitra filed a petition calling the law arbitrary. He said that the government first passed an ordinance taking arbitrary power to itself. Later, without discussion and voting, a law was passed on this in the Parliament. The order of the Supreme Court was also overturned by issuing an order under the changed law.
Supreme Court’s decision
The bench of Supreme Court Justices BR Gavai, Vikram Nath and Sanjay Karol upheld the changes in the Delhi Police Special Establishment Act related to CBI and the CVC Act related to ED. The judges said that the change has been made in a constitutional manner but the extension of service of the existing ED director cannot be justified.
The judges also said that the appointment of CBI and ED director is done through a committee. The same procedure should be followed while awarding extension to them.
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