3 Benches Will Have To Be Disturbed: Says SC While Agreeing To Consider Tomorrow Centre's Plea For ED Director's Tenure Extension
The Supreme Court today agreed to consider on Thursday, the Union of India's application seeking an extension of the tenure of ED Director Sanjay Kumar Mishra which is set to expire on July 31, 2023 as per the deadline previously set by the Supreme Court. This application for an extension comes in the wake of the Apex Court's ruling on July 11, 2023, where it stated that the extensions granted to Mishra were not valid in law.
The matter, though not listed, was mentioned before the Bench of Justice B.R. Gavai, Justice Hima Kohli and Justice Prashant Kumar Mishra by the Solicitor General Tushar Mehta who sought an urgent hearing of the application. "This is an unlisted matter but I would like to mention it. This is the ED's Director extension matter and unless your lordships permit, they cannot extend the term," said SG Mehta.
Justice Gavai asked the SG, "Tomorrow? 3:30 PM?" The SG replied, "Your lordship's convenience, because it has to be a special Bench". Justice Gavai agreed to list the matter for tomorrow and further remarked, "Because 3-Benches will have to be disturbed".
A Bench comprising Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol had on 11th July 2023, in its judgement held that "Though we have held that orders dated 17th November 2021 and 17th November 2022 granting extensions to respondent No.2 are not valid in law, we are inclined to take into consideration the concern expressed by the Union of India with regard to FATF review. We are further inclined to take into consideration that the process of appointing the Director of Enforcement is likely to take some time. In that view of the matter, we find that in order to ensure the transition to be smooth in the larger public interest, it will be appropriate to permit respondent No.2 to continue to be in office till 31st of July 2023".
The said bench will have to be reconstituted to hear the present application of the ED.
Sanjay Kumar Mishra was working as a Principal Special Director in the Directorate of Enforcement (ED) and was appointed as Director of Enforcement for a period of two years from the date of his assumption of charge of the post or until further orders, whichever was earlier, vide order dated November 19, 2018.
A writ petition [Common Cause (A Registered Society) v. Union of India & Ors. 2021 SCC OnLine SC 687] was filed in 2020 by Common Cause before the Apex Court questioning whether the extensions granted to the tenure of Mishra as Director of Enforcement for a period of one year each vides orders dated November 17, 2021, and November 17, 2022, are legal and valid, and if not, whether liable to be set aside?
The Supreme Court will accordingly consider tomorrow the application seeking an extension of the tenure of ED Director Sanjay Kumar Mishra.
