Supreme Court Petition Challenges ‘Retrospective’ Extension of Enforcement Directorate Director’s Tenure

The plea argues that the government’s decision to prolong Mr. Mishra’s tenure for another year breaches the Central Vigilance Commission (CVC) Act of 2003.

An appeal has been lodged with the Supreme Court to annul the Centre’s move to modify Sanjay Kumar Mishra’s tenure as the Enforcement Directorate (ED) director retroactively.

Initiated by advocate Prashant Bhushan on behalf of NGO Common Cause, the plea also demands transparent and lawful procedures in appointing an agency director.

It contends that the extension of Mr. Mishra’s term by the Centre violates the CVC Act of 2003.

Scheduled for a hearing soon, the petition asserts that the government utilized a convoluted approach to grant Kumar an extra year as the ED director by retrospectively altering the appointment order itself.

According to the plea, Mr. Mishra, an IRS officer, was designated as the ED director for a two-year term via a November 19, 2018, order.

However, on November 13, 2020, the central government issued an office order modifying the 2018 order, changing the specified “two years” to “three years”.

“The Centre has indirectly achieved what it couldn’t have directly under the statute,” the plea argues.

The petition highlights the ED’s handling of numerous corruption cases, many with political implications, stating that the director wields powers akin to those of the Central Bureau of Investigation (CBI) director.

It emphasizes that such irregularities in appointing the Enforcement Directorate’s Director could undermine public confidence in the institution.

“This action goes against the crucial principles advocating for the impeccable integrity of individuals in high public offices and the necessity to shield these offices from external influences, as emphasized by the Supreme Court,” the plea adds.

The plea further elaborates on the CVC Act’s stipulations regarding the appointment of the ED director, emphasizing the eligibility criteria and the mandated term duration.