Editor's Pick: Supreme Court extends ED chief’s tenure after earlier order declaring it illegal

After Centre’s submission that Enforcement Directorate (ED) 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 (FATF), 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 illegal”. It had directed him to quit office by July 31. However, just four days before the deadline, the Centre moved an urgent application in the Supreme Court, asking the Bench to allow Mr. Mishra, who is currently on his third extension and fifth year as ED chief, to continue till October 15. The country’s international image was at stake, the Centre pleaded. Stressing that the court would not have entertained the government’s request in “ordinary circumstances”, especially after declaring Mr. Mishra’s continuation as ED Director “illegal”, the Special Bench headed by Justice B.R. Gavai allowed him to carry on at the ED’s helm till mid-September. The Bench also said that any further extension requests by the Centre would not be entertained, adding that Mr. Mishra would cease to be ED Director from September 15-16 midnight. Justice Gavai also directed a pointed question at the Central government. “Are you not giving a picture here that your entire department is full of incompetent people except for this one person... Is it not demoralising for the entire force that except for this one person, the entire department will collapse.” However, a cursory look at the July 11 judgment would show a contradiction in the top court’s admonition of the Centre. In that judgment, while the court did declare Mr. Mishra’s continuation in office was illegal, it contrarily upheld the amendments made by the Centre in 2021 that allow for such piecemeal extensions. CBI and ED chiefs have fixed tenures of two years. However, amendments enacted in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules allow them a maximum of three annual extensions. The tweaks in the law came shortly after the Supreme Court, in a September 2021 judgment, directed the government to stop giving extensions to Mr. Mishra. The amendments allowed the government to overcome the court’s direction and grant Mr. Mishra another two extensions. In the July 11 verdict, the Court rejected, without much justification the contentions of petitioners who challenged the extension as well as the Court-appointed amicus curiae that piecemeal extensions undermine the independence of the office, and encourage a carrot-and-stick policy to make Directors toe the government’s line. So, while the Court has now reprimanded the government while accepting another extension request, the root of the issue lies in the amendments that were upheld. As this editorial in The Hindu pointed out earlier this month, at a time when there is a cloud of suspicion over the misuse of government agencies against political opponents, the Court’s endorsement of a tenure extension system designed to undermine their independence was not conducive to the rule of law. The Hindu’s Editorials Elusive consensus: On transparency and the state of India-China ties Fractured mandate: On Spain’s parliamentary elections and its politics The Hindu’s Daily News Quiz The NCLT on Wednesday rejected six aircraft lessors’ pleas, which included demands for barring which airline from using their aircraft as well as allowing leasing firms to appoint an inspector to examine the aircraft, engines and other parts? Go First Air Asia Go Air SpiceJet To know the answer and to play the full quiz, click here. [logo] Editor's Pick 28 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]( Supreme Court extends ED chief’s tenure after earlier order declaring it illegal After Centre’s submission that Enforcement Directorate (ED) 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 (FATF), 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 illegal”](. It had directed him to quit office by July 31. However, just four days before the deadline, the Centre moved an urgent application in the Supreme Court, asking the Bench to allow Mr. Mishra, who is currently on his third extension and fifth year as ED chief, to continue till October 15. The country’s international image was at stake, the Centre pleaded. Stressing that the court would not have entertained the government’s request in “ordinary circumstances”, especially after declaring Mr. Mishra’s continuation as ED Director “illegal”, the Special Bench headed by Justice B.R. Gavai allowed him to carry on at the ED’s helm till mid-September. The Bench also said that any further extension requests by the Centre would not be entertained, adding that Mr. Mishra would cease to be ED Director from September 15-16 midnight. Justice Gavai also directed a pointed question at the Central government. “Are you not giving a picture here that your entire department is full of incompetent people except for this one person... Is it not demoralising for the entire force that except for this one person, the entire department will collapse.” However, a cursory look at the July 11 judgment would show a contradiction in the top court’s admonition of the Centre. In that judgment, while the court did declare Mr. Mishra’s continuation in office was illegal, it contrarily upheld the amendments made by the Centre in 2021 that allow for such piecemeal extensions. CBI and ED chiefs have fixed tenures of two years. However, amendments enacted in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules allow them a maximum of three annual extensions. The tweaks in the law came shortly after the Supreme Court, in a September 2021 judgment, directed the government to stop giving extensions to Mr. Mishra. The amendments allowed the government to overcome the court’s direction and grant Mr. Mishra another two extensions. In the July 11 verdict, the Court rejected, without much justification the contentions of petitioners who challenged the extension as well as the Court-appointed amicus curiae that piecemeal extensions undermine the independence of the office, and encourage a carrot-and-stick policy to make Directors toe the government’s line. So, while the Court has now reprimanded the government while accepting another extension request, the root of the issue lies in the amendments that were upheld. As this [editorial]( in The Hindu pointed out earlier this month, at a time when there is a cloud of suspicion over the misuse of government agencies against political opponents, the Court’s endorsement of a tenure extension system designed to undermine their independence was not conducive to the rule of law. The Hindu’s Editorials [Arrow][Elusive consensus: On transparency and the state of India-China ties]( [Arrow][Fractured mandate: On Spain’s parliamentary elections and its politics]( The Hindu’s Daily News Quiz The NCLT on Wednesday rejected six aircraft lessors’ pleas, which included demands for barring which airline from using their aircraft as well as allowing leasing firms to appoint an inspector to examine the aircraft, engines and other parts? - Go First - Air Asia - Go Air - SpiceJet To know the answer and to play the full quiz, [click here](. [Sign up for free]( [[CBI to probe May 4 Manipur sexual assault] CBI to probe May 4 Manipur sexual assault]( [[No-confidence motion | Ayes or nays? Unaligned parties weigh choice] No-confidence motion | Ayes or nays? Unaligned parties weigh choice]( [[No accurate count of population of Persons with Disabilities, says parliamentary panel] No accurate count of population of Persons with Disabilities, says parliamentary panel]( [[Stapled visas for Arunachal athletes unacceptable: India] Stapled visas for Arunachal athletes unacceptable: India]( 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](