In a move that is mostly read politically by the oppositions, the centre gave third extension of the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra. As per the recent order of Ministry of Personnel, the 1984-batch Indian Revenue Service (IRS) officer will continue in his office up to November 18, 2023.
Mishra was first appointed as the director of the central probe agency on November 19, 2018 for a two year term. In 2020. The government modified the appointment letter retrospectively and his two-year term was replaced by three years.
In 2021, government also brought an ordinance notifying that the tenure of the CBI or ED chief could be extended up to three years after their actual term is over. Subsequently, Mishra got his second extension.
ED director’s extension challenged in court
Mishra’s second extension however was not received by the political parties in a cordial manner. Politicians like Rajdeep Singh Surjewala and Mohua Moitra filed Public Interest Litigation (PIL) in the SC challenging his extension as the ED chief.
While responding to the petitions, the centre told the court that the extension is necessary as Mishra has been handling several important cases that need to wrapped up expeditiously and thus the continuity of the officer’s tenure is required.
The finance ministry in its affidavit also claimed that the newly deployed officer may take much time to acclimatise with the working environment and the details of the cases.
The SC on September 8 while dismissing a plea that challenged the 2020 retrospective change in the form of appointment of Mishra said reasonable period of extension can be granted to facilitate completion of ongoing investigations.
The top court however made it clear that except “rare and exceptional cases” the extension of the terms of the officers who have reached the age of superannuation should not be granted. It had also made clear that no further extension can be given to Mishra as the ED director.
Significant cases under Mishra
During Mishra’s tenure, the ED has investigated Rahul Gandhi, Sonia Gandhi and her son-in-law Robert Vadra.
Not only that, ED’s net got spread across the country and tapped Jharkhand Chief Minister Hemant Soren, Karnataka Congress chief D K Shivakumar, former Maharashtra home minister Anil Deshmukh, another cabinet minister Nawab Malik, National Conference leaders Farooq Abdullah and Omar Abdullah, former Jammu and Kashmir chief minister Mehbooba Mufti among others.
The oppositions have been continuously accusing the centre of using ED and CBI to silence any voice of dissent.
However, in terms of achievement, Mishra got deported VVIP choppers case accused and alleged middlemen Christian Michel and Rajiv Saxena, besides getting the extradition of fugitives like Vijay Mallya, Nirav Modi and arms dealer Sanjay Bhandari approved during his tenure.
ED works under union finance ministry and enforces two of the most significant laws- Prevention of Money Laundering Act and the Foreign Exchange Management Act.
