New Delhi (Agency): The Supreme Court on Tuesday held that the extension of the tenure of ED Director Sanjay Kumar Mishra was illegal and he would continue to serve in the post till July 31, 2023. However, it rejected the plea to the extent of challenging the amendments to the Central Vigilance Commission Act (CVC) and the Delhi Special Police Establishment Act (DSPEA).
The court’s decision came in response to several petitions that challenged the extension of Mishra’s tenure. The bench, comprising Justices BR Gavai, Vikram Nath, and Sanjay Karol, deliberated on the matter and rendered their verdict. While rejecting the plea challenging the amendments to the CVC and DSPEA, the court upheld the constitutional validity of the amended acts.
“The challenge to Central Vigilance Commission (Amendment) Act, 2021, and the Delhi Special Police Establishment (Amendment) Act, 2021, as well as to the fundamental (Amendment) Rules, 2021, is rejected, and the writ petitions are dismissed to that extent,” the court stated.
The court made it clear that the legislature has the authority to enact laws but cannot annul specific mandates issued by the court. In this case, the court had previously issued a mandamus that barred any further extension of Mishra’s tenure. Both the Union of India and Mishra were party to that proceeding, making the mandamus binding on them.
“The mandamus issued by this Court vide its judgment dated 8th September 2021 was binding on them. We, therefore, find that respondent No.1 (UOI) could not have issued orders dated 17th November 2021 and 17th November 2022 in breach of the mandamus issued by this Court,” the top court said.
While Mishra’s extension was deemed illegal, the court took into consideration the time required for the appointment of a new director and the central government’s representations regarding the Financial Action Task Force (FATF) review. Consequently, Mishra will be allowed to continue in his role until July 31, 2023.
During the proceedings, Solicitor General Tushar Mehta, representing the Centre, argued that Mishra’s representation as the ED Director was essential for international matters and compliance with FATF guidelines. Mehta explained that the extension was granted for administrative reasons and was crucial for the evaluation of the country’s anti-money laundering measures.
The court’s decision has far-reaching implications for the enforcement of accountability within government agencies and upholding the rule of law. By declaring the extension of Mishra’s tenure illegal, the court reaffirmed its commitment to ensuring that appointments and extensions follow legal procedures and uphold constitutional principles.
The Supreme Court’s ruling also clarifies the limits of the legislature’s power to amend acts and highlights the importance of respecting and abiding by the court’s directives. The rejection of the plea challenging the amendments to the CVC and DSPEA affirms the constitutionality of these amendments.
As Mishra’s tenure draws to a close, the enforcement agency will need to appoint a new director to lead its operations. The process of finding a suitable candidate and making the appointment is expected to take some time due to the importance of the position and the need for a smooth transition.
The Supreme Court’s verdict declaring the extension of Sanjay Kumar Mishra’s tenure as the ED Director illegal carries significant implications for the enforcement agency and the legal framework governing its operations. While Mishra will continue in his role until July 31, the decision underscores the importance of adhering to legal procedures and upholding the rule of law in the appointment and extension of key positions within government agencies.
