New Delhi (Agency): The Centre has approached the Supreme Court to seek an extension of ED Director Sanjay Kumar Mishra’s tenure till October 15. This move comes after the apex court declared the previous extensions as “illegal,” setting the stage for a crucial legal battle. Solicitor General Tushar Mehta urged the court for urgent listing of the application, considering the ongoing Financial Action Task Force (FATF) review that has potential implications for India’s national interests.
Justice Gavai suggested requesting the Chief Justice of India to form a bench to address the matter promptly. The court agreed to hear the case on Thursday at 3.30 PM.
In its application, the government emphasized the need for Mishra’s continuance during the FATF review, stating that a leadership transition at the Directorate of Enforcement could adversely impact the agency’s ability to cooperate with the assessment team and respond to inquiries effectively.
The government expressed that Mishra’s familiarity with money laundering investigations, proceedings, and the agency’s operations is essential to assist the FATF assessment team with prompt and accurate information.
“The onus of establishing technical compliance and effectiveness of the system lies with the assessed country, and any lapse in doing so can adversely impact the outcome of the mutual evaluation. For the above reasons, continuation of the incumbent Director during this period would be necessary,” the government stated.
It underlined Mishra’s extensive involvement in preparing documents and fulfilling requirements for mutual evaluation since 2020, making his continuation essential in this arduous process.
The court’s earlier verdict termed the extensions to Mishra’s tenure as “illegal,” curtailing it to July 31 from the government’s proposed date of November 18, 2023. This decision was based on a batch of petitions challenging the extensions granted to Mishra.
The government’s application seeks to modify this verdict, allowing Mishra to continue as the ED Director until October 15, considering the sensitive FATF review and its potential impact on India’s national interests.
The legal battle over Mishra’s tenure extension has raised concerns about curbing corruption at the highest levels, with the government fearing that curtailing the term will deter officers from taking action against corruption.
