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Editor's Pick: Apex court asks ED Director to quit before the expiry of third extension

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Wed, Jul 12, 2023 09:42 AM

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A bench headed by Justice B.R. Gavai on Tuesday asked Enforcement Directorate Director Sanjay Kumar

A bench headed by Justice B.R. Gavai on Tuesday asked Enforcement Directorate (ED) Director Sanjay Kumar Mishra to quit four months before his third extension ends in November. The apex court upheld statutory amendments that facilitate the tenures of Directors of Central Bureau of Investigation and the ED were stretched “piecemeal”. It concluded that the extensions given to Mr Mishra in 2021 and 2022 were both invalid and illegal. The directors of the two law enforcement agencies have fixed tenures of two years. However, it were the amendments introduced in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules that allowed them three annual extensions. They were introduced after the apex court had asked the government to stop giving extensions to Mr Mishra. Justice Gavai, who upheld the 2021 judgement said that the extensions were not given at the “sweet will” of the government. Instead, the 2021 amendments require high-level committees to recommend the officers for service extensions. As per the judgement, if the same committees could be trusted with the initial appointment of the Directors, there was no reason to distrust them about the prospect of an extension. The development also paved the way for some political exchange. Mahua Moitra, Trinamool Congress MP from Krishnanagar (West Bengal) tweeted to thank the apex court for ruling the extension invalid. “BJP - we shall fight you in the polls, we shall fight you in the courts, we shall fight in the fields and in the streets, we shall never surrender,” Ms Moitra tweeted. Meanwhile, Union Home Minister Amit Shah said the ED is beyond an individual, pointing to the apex court upholding the Central Vigilance Act. He stated those rejoicing over the court verdict are “delusional” for various reasons. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. Click here. The Hindu’s Editorials Green washing: On amendments and the Forest (Conservation) Amendment Bill, 2023 In transition: On the Caribbean tour and mettle in the Indian cricket team The Hindu’s Daily News Quiz Chandrayaan-3 is largely a replica of its predecessor, Chandrayaan-2, which was launched in July 2019 in the form of an orbiter and a lander bearing a rover (‘Pragyan’). What was the name of the lander? Vikrant Vikram Vedh Vikas To know the answer and to play the full quiz, click here. [logo] Editor's Pick 12 July 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Apex court asks ED Director to quit before the expiry of third extension A bench headed by Justice B.R. Gavai on Tuesday asked Enforcement Directorate (ED) Director Sanjay Kumar Mishra to [quit four months before his third extension ends in November](. The apex court upheld statutory amendments that facilitate the tenures of Directors of Central Bureau of Investigation and the ED were stretched “piecemeal”. It concluded that the extensions given to Mr Mishra in 2021 and 2022 were both invalid and illegal. The directors of the two law enforcement agencies have fixed tenures of two years. However, it were the amendments introduced in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules that allowed them three annual extensions. They were introduced after the apex court had asked the government to stop giving extensions to Mr Mishra. Justice Gavai, who upheld the 2021 judgement said that the extensions were not given at the “sweet will” of the government. Instead, the 2021 amendments require high-level committees to recommend the officers for service extensions. As per the judgement, if the same committees could be trusted with the initial appointment of the Directors, there was no reason to distrust them about the prospect of an extension. The development also paved the way for some political exchange. Mahua Moitra, Trinamool Congress MP from Krishnanagar (West Bengal) tweeted to thank the apex court for ruling the extension invalid. “BJP - we shall fight you in the polls, we shall fight you in the courts, we shall fight in the fields and in the streets, we shall never surrender,” Ms Moitra tweeted. Meanwhile, Union Home Minister Amit Shah said the ED is beyond an individual, pointing to the apex court upholding the Central Vigilance Act. He stated those rejoicing over the court verdict are “delusional” for various reasons. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Green washing: On amendments and the Forest (Conservation) Amendment Bill, 2023Â]( [Arrow][In transition: On the Caribbean tour and mettle in the Indian cricket teamÂ]( The Hindu’s Daily News Quiz Chandrayaan-3 is largely a replica of its predecessor, Chandrayaan-2, which was launched in July 2019 in the form of an orbiter and a lander bearing a rover (‘Pragyan’). What was the name of the lander? - Vikrant - Vikram - Vedh - Vikas To know the answer and to play the full quiz, [click here](. [Sign up for free]( [[Asia Cup schedule finalised, India not going to Pakistan: IPL chairman Arun Dhumal] Asia Cup schedule finalised, India not going to Pakistan: IPL chairman Arun Dhumal]( [[GST Council to impose 28% tax on online gaming firms] GST Council to impose 28% tax on online gaming firms]( [[Four more Vande Bharat routes to be launched this month amid low demand] Four more Vande Bharat routes to be launched this month amid low demand]( [[The unseemly politics of the Uniform Civil Code] The unseemly politics of the Uniform Civil Code]( Copyright @ 2023, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](

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