ED chief SK Mishra's tenure extended for another time: A huge setback but a litte respite for the BJP regime!

Four days ahead of the deadline of his current term, the chief of Enforcement Directorate (ED), Sanjay Kumar Mishra (63) has been conferred with another extension by the Supreme Court that earlier had come down heavily on the centre-ruling BJP regime for awarding illegal extension to SK Mishra to serve as the ED chief. The apex court's verdict on Thursday - July 27 came at a high time when the Enforcement Directorate has come under a sharp public scrutiny over its raids against the opposition leaders and critics of the BJP regime.

While the latest extension of term to Mishra gave a little respite to the central government, the Supreme Court ruling gave a huge setback. While the BJP regime sought an extension in Mishra's tenure till October 15, the top court refused it and awarded an extension till September 15. Mishra was set to demit the office on July 31 as per the directive from the court earlier this month. However, he has now conferred with an extension.  

This case of Mishra and his extension as the ED chief had become a notable affair as in the wake of more raids by the ED against the opposition, Mishra came under attack for becoming a puppet of the BJP regime and the apex court went on to declare that Mishra's continuation as ED Director illegal. Mishra is a 1984-batch IRS officer and he was first appointed as the ED Director for two years on November 19. 2018. 

In May 2020, he turned the retirement age of 60. However, passing an order on November 13, 2020, the BJP government had modified the appointment letter and his two-year term was changed to three years. However, this overhaul was challenged before the Supreme Court by an NGO, Common Cause. In September 2021, the apex court had approved the modification of changing the two-year term into three years but at the same time, it ruled against awarding more extensions to Mishra. 

As per the modification, Mishra had a tenure till November 18, 2023. However, on July 11, 2023, the apex court had declared Mishra's third extension as ED chief 'invalid' and 'illegal' and reduced Mishra's tenure to July 31. Just days ahead of his tenure comes to an end, the Central government moved an urgent application in the Supreme Court and sought a directive that Mishra should be allowed to serve as the ED director till October 15. 

In its application, the central government has claimed that Mishra's presence in the ED was crucial for the country to effectively conduct the ongoing evaluation by the Financial Action Task Force (FATF). The government has asked the court to allow Mishra, who is in his fifth year as ED chief, to continue till October 15. It said that it was essential to have an individual like Mishra as ED chief as he is well known with the overall status of money laundering investigations and proceedings across the country and the operations and activities of the agency. 

Hearing the application, the Supreme Court bench comprised of Justices BR Gavai, Vikram Nath, and Sanjay Karol, allowed Mishra to continue as ED chief till September 15. The apex court said that it considered the centre's application because it was in the nation's interest. The bench further made it clear that it would allow no further applications from the government for his extension after September 15. The court said that Mishra would cease to be ED chief from September 15-16 midnight. 

 

 

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