ED chief can stay in office till Sept 15: SC

Citing “larger public interest”, the Supreme Court on Thursday allowed Enforcement Directorate (ED) chief Sanjay Kumar Mishra to continue till September 15 instead of its previous deadline of July 31, as the Centre argued that Mishra’s continuation was essential for a positive review by the Financial Action Task Force (FATF) that will grade India on its laws being compliant with the international protocols on tackling money-laundering and financial terrorism.

- Utkarsh Anand

 

While the Union government moved the court a day ago to let Mishra continue till October 15, a bench led by justice BR Gavai granted the 1984-batch Indian Revenue Service (IRS) officer an extension of tenure till September 15.

“Taking into consideration the larger public interest, we are inclined to permit him (Mishra) to continue for some more period. We allow his continuation as ED director till September 15. We add that no further application would be entertained for grant of extension,” said the bench, which also comprised justices Vikram Nath and Sanjay Karol.

In its order, the bench also declared that Mishra shall cease to be the director of ED with effect from midnight of September 15-16.

“In ordinary circumstances, we would not have done it. But we have taken into consideration the national interest too. At the same time, we have made it clear that he cannot occupy the post after September 15. This is the last extension,” the bench remarked as the proceedings ended.

The bench had, on July 11, quashed the government’s decision to grant two extensions of tenure to ED director Mishra in 2021 and 2022 and termed these orders “illegal” because they came after a court order that said no further extensions be given to him. It had allowed Mishra to continue in office till July 31 to enable the Centre to initiate a “smooth transition in the larger public interest”. The court order effectively cut short the officer’s tenure by around three-and-a-half months since he was otherwise set to demit office on November 16.