ED chief Mishra must go by end of month; extensions illegal: SC
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 the pertinent laws to extend the tenure of the Central Bureau of Investigation director and ED chief up to a maximum of five years, it said these could not be used to defend Mishra’s extension because its writ cannot be nullified using a law. Gavai, held that though the Centre has the power to continue the tenure of an ED director beyond the mandatory two-year term, it could not have granted the two extensions to Mishra in view of a September 2021 SC order in the Common Cause case, restraining any further extension to him. While it upheld the 2021 amendments to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act empowering the Union government to give an ED director and a CBI chief a maximum cumulative tenure of five years, the court rejected the Centre’s contention that Mishra’s extension can be protected under the new law despite the September 2021 order of the top court.
SC to Hear on Friday Plea Against Tenure Extension of ED Director Up to 5 Years
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