The Supreme Court declared the government's twin decisions to be "illegal" and revoked the two one-year extensions handed to Sanjay Kumar Mishra, the head of the Enforcement Directorate, but permitted him to remain in office until July 31 in the public interest to enable a seamless transition inside the agency.
Mishra's extended term was to end in November and the apex court's order has cut it by almost four months. A three-judge bench of Justices B R Gavai, Vikram Nath and Sanjay Karol held that the two extensions given to Mishra by the government - first in 2021 and then in 2022 - were not "valid in law" as they violated the apex court's September 2021 order directing the government not to extend his tenure further.
The Central Vigilance Commission Act and Delhi Special Police Establishment Act amendments, which gave the government the authority to extend the minimum tenure of CBI and ED directors beyond two years by up to three one-year extensions each, were affirmed by the Supreme Court.
“The impugned orders dated November 17, 2021 and November 17, 2022 granting extensions to the tenure of Mishra for a period of one year each are held to be illegal. However, Mishra is permitted to continue to hold office till July 31, 2023," it said.
Taking into consideration that the review process by international watchdog FATF (Financial Action Task Force) is underway, one of the reasons cited by the government to justify extensions to the ED chief, and also that appointment of his successor would take some time, the court permitted Mishra to function until July 31.
The apex court's order came on petitions, including from Congress general secretary Randeep Singh Surjewala and Trinamool MP Mahua Moitra, challenging Mishra's continuation.