Further extension to ED Director Mishra illegal and must go, SC told
1 year, 9 months ago

Further extension to ED Director Mishra illegal and must go, SC told

Deccan Chronicle  

New Delhi: The Supreme court on Thursday was told that both, the 2012 amendment of the Central Vigilance Commission Act providing for five-year term for the Director Enforcement and the further extension to incumbent Director Sanjay Kumar Mishra are illegal and needs to go sooner. Gavai, Justice Vikram Nath and Justice Sanjay Karol was told this in the course of the hearing of a batch of petitions challenging the November 17, 2021, Central government order giving yet another extension to the Director of Enforcement, Sanjay Kumar Mishra in the teeth of September 8, 2021 top court judgment directing that no further extension will be granted to Mishra. Stating that further extension to Sanjay Mishra in the teeth of top court’s judgment falls foul of the law, Viswanathan said that the piecemeal extension of tenure of one year each subject to a maximum cumulative tenure of five years undermines the independence and integrity of the office. In the arguments by different lawyers including senior advocate Prashant Bhush and Gopal Sankaranarayanan assailed both the extension given to Sanjay Mishra and the amendment that nullified the basis of 2021 judgment.

Court Director Amendment Told Viswanathan Two Years One Year Extension Tenure Further Extension Enforcement Mishra  sc  ed  illegal  amendment  secretary  tenure  enforcement  mishra  sanjay  told  extension  court  director

History of this topic

By Extending ED Director's Tenure, Supreme Court Undermined Its Own Authority
1 year, 4 months ago

By Extending ED Director's Tenure, Supreme Court Undermined Its Own Authority

The Quint  

Last week, the Supreme Court accepted the Central Government’s submission in favour of a further extension to the current Director of the Enforcement Directorate. While the order of the Court records the submissions advanced by both sides, ultimately the Court’s reasoning hinges on an unclear and unsubstantiated notion of “the larger national interest”. Interestingly, this is the second extension that …

Explained | The Enforcement Directorate Chief tenure extension controversy
1 year, 4 months ago

Explained | The Enforcement Directorate Chief tenure extension controversy

The Hindu  

The story so far: The Supreme Court on July 27 extended the tenure of the incumbent Director of Enforcement Directorate Sanjay Kumar Mishra till September 15, 2023, to serve ‘public and national interest.’ The Court, in a verdict delivered on July 11,directed Mr. Mishra to quit office by July 31 after opining that his continuance till November 2023 at the …

Supreme Court extends ED chief’s tenure after earlier order declaring it illegal
1 year, 4 months ago

Supreme Court extends ED chief’s tenure after earlier order declaring it illegal

The Hindu  

After Centre’s submission that Enforcement Directorate director Sanjay Kumar Mishra’s continuation in Office was crucial for the country to effectively sail through the ongoing evaluation by the Financial Action Task Force, the Supreme Court on Thursday extended the official’s tenure till September 15. In a July 11 judgment, the court had declared Mr. Mishra’s continuation as ED Director “invalid and …

Supreme Court allows ED chief Sanjay Kumar Mishra to continue till Sep 15 in ‘larger public interest’
1 year, 4 months ago

Supreme Court allows ED chief Sanjay Kumar Mishra to continue till Sep 15 in ‘larger public interest’

Hindustan Times  

In a relief to the Union government, the Supreme Court on Thursday allowed Enforcement Directorate chief Sanjay Kumar Mishra to continue till September 15 in "larger public interest". Pronouncing the verdict on the Centre's plea to let Sanjay Kumar Mishra continue as ED director till October 15 instead of the court-mandated deadline of July 31, the apex court said there …

Citing FATF, Centre urges Supreme Court to let S.K. Mishra continue as Enforcement Directorate chief
1 year, 4 months ago

Citing FATF, Centre urges Supreme Court to let S.K. Mishra continue as Enforcement Directorate chief

The Hindu  

The Supreme Court on Wednesday agreed to hear on July 27 an urgent application moved by the Centre to allow Enforcement Directorate Director Sanjay Kumar Mishra to continue in office till October 15. Gavai, Solicitor General Tushar Mehta, for the Centre, sought an urgent listing of its application seeking the extension of Mr. Mishra’s tenure from July 31 to mid-October, …

Centre asks SC to extend ED Director SK Mishra’s tenure
1 year, 4 months ago

Centre asks SC to extend ED Director SK Mishra’s tenure

Live Mint  

The Central government on Monday moved the Supreme Court seeking an extension of the tenure of ED Director Sanjay Kumar Mishra. The Supreme Court on July 11 quashed the Union government’s decision to grant two extensions of tenure to Enforcement Directorate chief Sanjay Kumar Mishra in 2021 and 2022, and termed these orders “illegal" because they came after a court …

Undermining autonomy: The Hindu Editorial on judicial endorsement of a tenure extension system
1 year, 5 months ago

Undermining autonomy: The Hindu Editorial on judicial endorsement of a tenure extension system

The Hindu  

The Supreme Court’s verdict upholding statutory amendments made in 2021 to allow multiple extensions of service to heads of investigative agencies is a setback to the cause of protecting their institutional independence. As the petitioners who challenged the extension given to Mr. Mishra, as well as the Court-appointed amicus curiae, argued, piecemeal extensions undermine the independence of the office, and …

SC Order on ED Chief: Amit Shah Dismisses Opposition 'Victory' as 'Delusion'
1 year, 5 months ago

SC Order on ED Chief: Amit Shah Dismisses Opposition 'Victory' as 'Delusion'

The Quint  

The Supreme Court judgment on Sanjay Mishra's term as Enforcement Directorate chief being repeatedly extended, has become the subject of the latest political slugfest. Between the lines: Union Home Minister Amit Shah took a dig at "those rejoicing" over the apex court's decision and called them "delusional" in a tweet posted on Tuesday, 11 July. "Thus, who the ED director …

‘Some serve political interests’: Kapil Sibal after Amit Shah’s ED chief remark
1 year, 5 months ago

‘Some serve political interests’: Kapil Sibal after Amit Shah’s ED chief remark

Live Mint  

Senior Congress leader Kapil Sibal took a swipe at Home Minister Amit Shah over his remarks that it is not important who the director of the Enforcement Directorate is, asking why did the government then give a third extension to the probe agency's chief Sanjay Kumar Mishra. In a tweet, Sibal said, "Sanjay Mishra Chief. Sibal's remarks came a day …

'ED will continue to work against the corrupt', Home Minister Amit Shah reminds politicians rejoicing SC verdict against extension of ED chief's tenure
1 year, 5 months ago

'ED will continue to work against the corrupt', Home Minister Amit Shah reminds politicians rejoicing SC verdict against extension of ED chief's tenure

Op India  

On the evening of the 11th of July, the Supreme Court remarked that the extended tenure of Enforcement Directorate Chief Sanjay Kumar Mishra was “illegal.” On account of this partial judgment, the opposition was quick to target the Modi government. This is a vindication of our stand on… pic.twitter.com/XTLCO7RdxW — Randeep Singh Surjewala July 11, 2023 Congress General Secretary KC …

3rd Extension for ED Chief Illegal: Supreme Court
1 year, 5 months ago

3rd Extension for ED Chief Illegal: Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday held that the third extension granted to Enforcement Directorate chief Sanjay Kumar Mishra was “illegal” and curtailed his extended tenure till July 31. Gavai, Justice Vikram Nath and Justice Sanjay Karol said that in view of the peer review being conducted by the Financial Action Task Force this year and to enable smooth …

ED chief Mishra must go by end of month; extensions illegal: SC
1 year, 5 months ago

ED chief Mishra must go by end of month; extensions illegal: SC

Live Mint  

New Delhi: The Supreme Court on Tuesday quashed the Union government’s decision to grant two extensions of tenure to Enforcement Directorate chief Sanjay Kumar Mishra in 2021 and 2022, and termed these orders “illegal” because they came after a court order that said no further extensions be given to him. And while the court affirmed the Centre’s 2021 amendments to …

SC ruling on ED chief a slap on government’s face, says Congress
1 year, 5 months ago

SC ruling on ED chief a slap on government’s face, says Congress

The Hindu  

The Congress on July 11 said the Supreme Court verdict holding that two extensions given to Enforcement Directorate chief Sanjay Kumar Mishra as “illegal” was a vindication of the party’s stand and a “slap on the government’s face”. Party general secretary Randeep Surjewala, who had filed one of the petitions in the Supreme Court, said the government must apologise for …

SC verdict on extension of tenure of ED Director a ’slap’ on govt’s face: Cong
1 year, 5 months ago

SC verdict on extension of tenure of ED Director a ’slap’ on govt’s face: Cong

Live Mint  

The Supreme Court on Tuesday held as illegal the third extension granted to the Enforcement Directorate chief Sanjay Kumar Mishra and curtailed his extended tenure to July 31. Meanwhile, on Supreme Court verdict that the extension of tenure of ED Director Sanjay Kumar Mishra is illegal, Congress General Secretary KC Venugopal, says "This is a slap on the government's face. …

Supreme Court asks ED chief to quit; but upholds amendments
1 year, 5 months ago

Supreme Court asks ED chief to quit; but upholds amendments

The Hindu  

The Supreme Court on Tuesday asked Enforcement Directorate Director Sanjay Kumar Mishra to quit four months before his third extension ends in November even as it upheld statutory amendments which facilitate the tenures of Directors of the Central Bureau of Investigation and the ED to be stretched “piecemeal”. However, amendments enacted in 2021 to the Central Vigilance Commission Act, the …

SC Calls ED Chief Sanjay Mishra's Extension Illegal, But What Else did it Say?
1 year, 5 months ago

SC Calls ED Chief Sanjay Mishra's Extension Illegal, But What Else did it Say?

The Quint  

The Supreme Court on Tuesday, 11 July, ruled that the extension granted to the Enforcement Directorate Director Sanjay Kumar Mishra is illegal since it violated the top court's 2021 judgment in the Common Cause case. "Although the basis of a judgment can be taken away, the legislature cannot annul the specific mandamus that barred further extension.That would amount to sitting …

Supreme Court Invalidates Extensions Of ED Director SK Mishra's Term; Permits Him To Continue Till July 31
1 year, 5 months ago

Supreme Court Invalidates Extensions Of ED Director SK Mishra's Term; Permits Him To Continue Till July 31

Live Law  

The Supreme Court on Tuesday held as illegal the extension given to the term of Enforcement Directorate chief SK Mishra for violating the mandate of the Supreme Court's 2021 judgment in the Common Cause case that he should not be given further extension. The Court also upheld the amendments made to the Central Vigilance Commission Act and the Delhi Special …

Action on entitled dynasts...: Amit Shah's warning after court order on probe agency chief
1 year, 5 months ago

Action on entitled dynasts...: Amit Shah's warning after court order on probe agency chief

India Today  

Who is the ED director is not important because whoever assumes this role will take note of the rampant corruption of a cozy club of entitled dynasts who have an anti-development mindset, Union Home Minister Amit Shah said on Tuesday. He said this hours after the Supreme Court held as illegal the third extension granted to the Enforcement Directorate chief …

Sanjay Kumar Mishra will not continue as ED Director beyond November 2023: Centre informs Supreme Court
1 year, 7 months ago

Sanjay Kumar Mishra will not continue as ED Director beyond November 2023: Centre informs Supreme Court

The Hindu  

The Centre on May 8 informed the Supreme Court that Enforcement Directorate chief Sanjay Kumar Mishra’s tenure will not continue in office beyond November 2023. The Supreme Court reserved the petitions challenging the “piecemeal” extensions granted to Mr. Mishra for judgment. Advocate Prashant Bhushan argued that “95% political personalities arrested in money laundering cases are from the Opposition” In the …

SC asks govt. whether Mishra is so indispensable to ED
1 year, 7 months ago

SC asks govt. whether Mishra is so indispensable to ED

The Hindu  

The Supreme Court on May 3 quizzed the government about the third extension given to Enforcement Directorate chief Sanjay Kumar Mishra, asking whether “one person can be so indispensable”. These amendments had paved the way for the government to stretch Mr. Mishra’s tenure by a year till November 2022. Solicitor General Tushar Mehta, for the government, said Mr. Mishra’s extension …

’No one else is competent?’: SC questions extensions given to ED director
1 year, 7 months ago

’No one else is competent?’: SC questions extensions given to ED director

Live Mint  

The Supreme Court of India heard pleas challenging the recent extension given to Enforcement Directorate head Sanjay Mishra, wondering if one person could be “so indispensable”. In August last year the apex court had issued a notice to the Centre seeking its response on the extensions granted to the ED chief. The questions came after Solicitor General Tushar Mehta said …

Challenge To ED Chief's Tenure Extension | Not Concerned With Politics Of Petitioners, Says Supreme Court
1 year, 9 months ago

Challenge To ED Chief's Tenure Extension | Not Concerned With Politics Of Petitioners, Says Supreme Court

Live Law  

Supreme Court orally said on Tuesday that it was not concerned with the political affiliations of the petitioners who have filed petitions challenging the third extension given to the term of ED Director SK Mishra and also the CVC Amendment Act 2021. “We are not concerned with who belongs to Bharatiya Janata Party and who belongs to Congress", said the …

ED Chief Tenure Hearing Today: Why Amicus Curiae Has Called Extension Illegal
1 year, 9 months ago

ED Chief Tenure Hearing Today: Why Amicus Curiae Has Called Extension Illegal

The Quint  

Speaking to the court in February, Vishwanathan, who is the amicus curiae in the case, had said “My submission is that keeping in line with the long line of judgments from Vineet Narayan and the Common Cause cases. the extensions are illegal and contrary to the line of judgments.” Vineet Narain Case: The top court, in its landmark 1997 verdict …

ED Director's Term Extension & 2021 CVC Amendment Act Illegal: Amicus KV Viswanathan To Supreme Court
1 year, 9 months ago

ED Director's Term Extension & 2021 CVC Amendment Act Illegal: Amicus KV Viswanathan To Supreme Court

Live Law  

In a significant development in the petitions challenging the third extension given to ED Director SK Mishra, the amicus curiae in the matter, Senior Advocate KV Viswanathan, told the Supreme Court that the extensions are illegal. Not only the extensions, but also the 2021 amendment to the Central Vigilance Commission Act 2003 -which enables Centre to extend the tenure of …

SC tells govt. that challenge before it to ED Director’s ‘piecemeal’ tenure extensions is not about ‘politics’
1 year, 9 months ago

SC tells govt. that challenge before it to ED Director’s ‘piecemeal’ tenure extensions is not about ‘politics’

The Hindu  

The Supreme Court reacted sharply on February 27 that it is not concerned with politics when the government claimed that the opposition to the “piecemeal” tenure extensions granted to Enforcement Directorate Director S.K. The petitions filed by Congress party spokesperson Randeep Singh Surjewala, Trinamool Congress leader Mahua Moitra, social activist and General Secretary of Madhya Pradesh Congress Mahila Committee Jaya …

Pleas challenging tenure extension of ED Director filed for personal motive: Centre in Supreme Court
1 year, 9 months ago

Pleas challenging tenure extension of ED Director filed for personal motive: Centre in Supreme Court

The Hindu  

The Centre on February 25 alleged in the Supreme Court that the real purpose of the petitions challenging the third extension in tenure given to Directorate of Enforcement Director Sanjay Kumar Mishra is to question and scuttle the legitimate statutory investigation being carried out against certain Congress party leaders. Gavai had issued notice to the Union of India and the …

Extension of ED Chief’s Tenure | ‘Subsequent Legislative Change Not Ground To Recall Earlier Order’, Supreme Court Tells Centre
1 year, 10 months ago

Extension of ED Chief’s Tenure | ‘Subsequent Legislative Change Not Ground To Recall Earlier Order’, Supreme Court Tells Centre

Live Law  

The Supreme Court on Monday questioned the Centre's application to recall the direction passed in September 2021 which prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra beyond November 16, 2021,Subsequent legislative change cannot be a ground for recalling or modifying an earlier judgement or order, the Court orally told the Central. The Supreme …

Supreme Court Issues Notice To Centre On Plea Challenging Third Extension Given To ED Director SK Mishra
2 years ago

Supreme Court Issues Notice To Centre On Plea Challenging Third Extension Given To ED Director SK Mishra

Live Law  

The Supreme Court on Monday issued notice on a plea filed challenging the third extension granted to Director of Enforcement Directorate Sanjay Kumar Mishra.A bench comprising of Justices B. R. Gavai and Vikram Nath sought response from Union of India, Central Vigilance Commission and Sanjay Mishra on the plea filed seeking directions to quash the order granting extension of tenure …

Supreme Court judge recuses himself from hearing plea challenging one-year extension to ED director Sanjay Kumar Mishra
2 years, 1 month ago

Supreme Court judge recuses himself from hearing plea challenging one-year extension to ED director Sanjay Kumar Mishra

The Hindu  

Supreme Court judge, Justice Sanjay Kishan Kaul, on Friday recused himself from hearing a series of petitions challenging the “piecemeal” one-year extension in service the government is granting Directorate of Enforcement Director Sanjay Kumar Mishra. The case had come up before a Bench of Justices Kaul and A.S. Oka, a day after the Centre had given the 1984-batch Indian Revenue …

Enforcement Directorate chief SK Mishra gets one-year extension for third straight time
2 years, 1 month ago

Enforcement Directorate chief SK Mishra gets one-year extension for third straight time

India TV News  

ED chief's tenure: The Union government extended the tenure of Enforcement Directorate chief Sanjay Kumar Mishra by one year, making it the third such extension for him. "The Appointments Committee of the Cabinet has approved an extension in tenure of Shri Sanjay Kumar Mishra, IRS as Director of Enforcement in the Enforcement Directorate for a period of one year beyond …

ED director Sanjay Kumar Mishra gets one-year extension
2 years, 1 month ago

ED director Sanjay Kumar Mishra gets one-year extension

The Hindu  

The Union Government on Thursday gave a fresh one-year extension in service to the director of the Enforcement Directorate Sanjay Kumar Mishra, according to an official order. "The Appointments Committee of the Cabinet has approved extension in tenure of Shri Sanjay Kumar Mishra, IRS as Director of Enforcement in the Enforcement Directorate for a period of one year beyond 18.11.2022, …

Enforcement Directorate Director Sanjay K Mishra gets one-year extension
2 years, 1 month ago

Enforcement Directorate Director Sanjay K Mishra gets one-year extension

Live Mint  

The Director of the Enforcement Directorate, Sanjay K Mishra, has been given an extension of a year in his tenure by the Union government on Thursday, an official order stated. Sanjay K Mishra, 62, was appointed director of the Enforcement Directorate for a period of two years by an order on 19 November 2018. The government last year brought an …

Supreme Court issues notice to govt on ED Director's tenure extension
2 years, 4 months ago

Supreme Court issues notice to govt on ED Director's tenure extension

The Hindu  

The Supreme Court on August 2 sought the government’s response on petitions challenging the “piecemeal” tenure extensions given to Enforcement Directorate Director Sanjay Kumar Mishra. The petitions filed by the likes of Congress leader Randeep Singh Surjewala, Trinamool Congress leader Mahua Moitra, social activist and General Secretary of Madhya Pradesh Congress Mahila Committee Jaya Thakur have sought the quashing of …

SC to Hear on Friday Plea Against Tenure Extension of ED Director Up to 5 Years
2 years, 4 months ago

SC to Hear on Friday Plea Against Tenure Extension of ED Director Up to 5 Years

News 18  

The Supreme Court agreed to hear on Friday a plea challenging the amended law allowing extension of tenure of the director of the Enforcement Directorate up to five years, and the Centre’s decision to grant one year extension to Sanjay Kumar Mishra as head of the probe agency. Besides Gokhale, the spokesperson of the TMC, others have also filed petitions …

Retired Civil Servants Move Supreme Court Challenging Central Vigilance Commission (Amendment) Ordinance, 2021 Extending Tenure Of Director, ED
3 years, 1 month ago

Retired Civil Servants Move Supreme Court Challenging Central Vigilance Commission (Amendment) Ordinance, 2021 Extending Tenure Of Director, ED

Live Law  

A Writ Petition had been filed before the Supreme Court challenging the extension of tenure of the Director, Enforcement Directorate upto 5 years vide the Central Vigilance Commission Ordinance, 2021 promulgated by the President of India on 14th November, 2021. The Ordinance has now extended the earlier two year tenure to a term of 5 years by inserting a proviso …

New Ordinances Allow Extension Of CBI, Enforcement Directorate Directors' Term Upto 5 Years
3 years, 1 month ago

New Ordinances Allow Extension Of CBI, Enforcement Directorate Directors' Term Upto 5 Years

Live Law  

The President of India has promulgated two Ordinances to allow the extension of the tenure of the Directors of the Central Bureau of Investigation and Enforcement Directorate up to 5 years.The Ordinances amend Section 4B of the Delhi Special Police Establishment Act, which specifies the term of CBI Director and Section 25 of the Central Vigilance Commission Act, which prescribes. …

Director Of Enforcement Can Be Appointed For A Period Of More Than Two Years: Supreme Court
3 years, 3 months ago

Director Of Enforcement Can Be Appointed For A Period Of More Than Two Years: Supreme Court

Live Law  

The Supreme Court held that a Director of Enforcement can be appointed for a period of more than two years by following the procedure prescribed Section 25 of the Central Vigilance Commission Act, 2003.The bench of Justices L. Nageswara Rao and BR Gavai also upheld the power of the Union of India to extend the tenure of Director of Enforcement …

Supreme Court declines to intervene in plea against extension of ED Director’s tenure
3 years, 3 months ago

Supreme Court declines to intervene in plea against extension of ED Director’s tenure

The Hindu  

The Supreme Court did not intervene with the government’s decision to “ retrospectively extend” the tenure of Sanjay Kumar Mishra as the Director of the Enforcement Directorate solely on the grounds that he is due to anyway retire in November 2021. In a judgment pronounced on Wednesday, a Bench led by Justice L. Nageswara Rao, however, said Mr. Mishra should …

Supreme Court To Hear Plea Challenging Extension Of ED Director's Term On April 16
3 years, 8 months ago

Supreme Court To Hear Plea Challenging Extension Of ED Director's Term On April 16

Live Law  

The Supreme Court will hear on April 16 the petition filed by Common Cause which challenges the extension given to the term of the Director of Enforcement Directorate Sanjay Kumar Mishra with retrospective effect.On Monday, a bench comprising Justices L Nageswara Rao and Vineet Saran posted the matter for disposal on next Friday. The Supreme Court will hear on April …

Common Cause Moves Supreme Court Against Retrospective Extension Of ED Director Sanjay Kumar Mishra's 's Tenure Beyond 2 Yrs
4 years ago

Common Cause Moves Supreme Court Against Retrospective Extension Of ED Director Sanjay Kumar Mishra's 's Tenure Beyond 2 Yrs

Live Law  

A public interest litigation has been filed before the Supreme Court seeking a direction to the Central Government to appoint a Director to the Enforcement Directorate in a fair and transparent manner. The plea It may be noted that Mishra was appointed as the Director of ED vide order dated November 19, 2018, and his mandatory two years tenure prescribed …

Enforcement Directorate chief Sanjay Kumar Mishra gets one-year extension
4 years, 1 month ago

Enforcement Directorate chief Sanjay Kumar Mishra gets one-year extension

The Hindu  

Enforcement Directorate chief Sanjay Kumar Mishra has got one-year extension on completion of two years of his tenure, during which the agency has taken up investigations into a large number of sensitive cases. The Finance Ministry order stated that the previous order dated November 19, 2018, through which Mr. Mishra, a 1984-batch Indian Revenue Service official, was appointed as ED …

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