The Enforcement Directorate (ED) was directed by the Supreme Court to choose a new director, and Sanjay Mishra was given till July 31 to do so. The fact that the SC revoked the Centre’s decision to grant Sanjay Kumar Mishra a third extension and labeled the extension order “illegal” is a blow for the government agency.
The SC did, however, uphold the legality of the Centre’s ordinance allowing for a maximum 5-year extension of the CBI and ED chiefs’ terms.
However, the top court upheld the changes to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, granting the Centre the authority to prolong the terms of a CBI director and an ED director by up to three years beyond their required two-year terms.
The court supported these revisions, stating that there are sufficient safeguards, but noting the narrow scope of judicial review over legislation. High-level officials may be given an extension with written justification in the public interest, the court ruled.
In common cause, there was a specific mandamus that commanded that there should be no more extensions. As a result, extensions granted after the decision were illegal under the law, according to Justice BR Gavai. “We have held that although legislature is competent to remove the basis of judgment, it cannot annul the mandamus,” he continued.
However, we allow the ED Director to stay until July 31,” he continued. The group of petitions contesting Mishra’s nomination as well as the most recent revision to the Central Vigilance Commission Act were heard by a three-judge panel made up of justices BR Gavai, Vikram Nath, and Sanjay Karol. Congress officials Jaya Thakur, Randeep Singh Surjewala, Trinamool Congress MP Mahua Moitra, and party spokesman Saket Gokhale signed the appeal. In May, the bench had postponed making a decision.
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