Supreme Court Invalidates Extensions Of ED Director SK Mishra's Term; Permits Him To Continue Till July 31
1 year, 8 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 Police Establishment Act which allow the Centre to extend the term of the heads of ED and CBI up to 5 years. A three-judge bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol heard the batch of petitions challenging Mishra’s appointment as well the recent amendment to the Central Vigilance Commission Act. In November 2021, three days before Mishra was about to retire, two ordinances were promulgated by the President of India, amending the Delhi Special Police Establishment Act, 1946 and the Central Vigilance Commission Act, 2003. In a significant development, in February, amicus curiae KV Viswanathan told the a bench comprising Justices Gavai and Aravind Kumar that not only the third extension granted to the chief of Enforcement Directorate, but also the amendment to the Central Vigilance Commission Act permitting the central government to extend the tenure by one year at a time, up to a total of five years, was illegal.

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History of this topic

Supreme Court extends ED chief’s tenure after earlier order declaring it illegal
1 year, 7 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, 7 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 …

‘Some serve political interests’: Kapil Sibal after Amit Shah’s ED chief remark
1 year, 8 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, 8 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, 8 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, 8 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 …

Nullification Of Court Direction By Legislation Impermissible Without Altering Basis Of Judgment : Supreme Court In ED Director's Case
1 year, 8 months ago

Nullification Of Court Direction By Legislation Impermissible Without Altering Basis Of Judgment : Supreme Court In ED Director's Case

Live Law  

While holding the extensions given to the term of ED Director Sanjay Kumar Mishra, the Supreme Court reiterated that a legislative act to nullify a judgment, without taking away its basis, is an impermissible exercise.A bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol noted that ignoring the direction given by the Supreme Court in the 2021 judgment in …

SC verdict on extension of tenure of ED Director a ’slap’ on govt’s face: Cong
1 year, 8 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. …

SC Calls ED Chief Sanjay Mishra's Extension Illegal, But What Else did it Say?
1 year, 8 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 …

Sanjay Kumar Mishra will not continue as ED Director beyond November 2023: Centre informs Supreme Court
1 year, 10 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, 10 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 …

Further extension to ED Director Mishra illegal and must go, SC told
1 year, 11 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 …

Challenge To ED Chief's Tenure Extension | Not Concerned With Politics Of Petitioners, Says Supreme Court
2 years 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
2 years 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
2 years 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’
2 years 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
2 years 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
2 years, 1 month 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, 3 months 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 …

ED director Sanjay Kumar Mishra gets one-year extension
2 years, 4 months 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, …

Supreme Court issues notice to govt on ED Director's tenure extension
2 years, 7 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, 7 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 …

Supreme Court declines to intervene in plea against extension of ED Director’s tenure
3 years, 6 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, 11 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, 3 months 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 …

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