The Supreme Court on Monday posted for March 21 a batch of petitions challenging the November 2021, government order giving another extension to Director of Enforcement Sanjay Kumar Mishra despite top court order not to give him any extension.
A bench of Justice B R Gavai and Justice Aravind Kumar deferred the hearing to March 21, noting that it needs a detailed hearing. The court was told that extension was given to Mishra despite an earlier top court order saying no more extension to Mishra
As the hearing commenced, Solicitor General Tushar Mehta submitted that an affidavit has been filed by the Centre, stating that the petitions have been filed by the interested parties, by such leaders against whom the ED cases are pending relating to money laundering.
“All political people facing serious money laundering cases are before this court,” the Solicitor General told the bench.
However, the court said, “We are not concerned with that.”
Senior advocate K V Vishwanathan, who is assisting the court as amicus curiae (court’s friend) in the matter, said extensions may only be granted in exceptional cases.
The top court had on December 12, 2022, had sought response from the Centre and others to a plea challenging the third extension granted to Enforcement Directorate chief Sanjay Kumar Mishra.
One of the petitions is Madhya Pradesh Congress leader Jaya Thakur.
She accused the Centre of destroying the “basic structure” of democracy by misusing the enforcement agencies against its political opponents.
The petitioner referred to a specific order passed by the Supreme Court that no further extension be granted to Mishra, but the Centre gave him the second extension from November 17, 2021 to November 17, 2022 and during the pendency of her writ petition, Mishra was again given third extension from November 18, 2022 to November 18, 2023, showing no respect towards the rule of law.
On November 18, Justice S. K. Kaul had recused himself from hearing the pleas challenging the law amended to all extension of up to five years to the ED director, a day after Mishra was given a fresh one-year extension as the chief of the anti-money laundering agency.
Mishra, 62, was first appointed the director of the ED for two years on November 19,2018 and later his term was changed to three years. The government promulgated an ordinance last year to extend the tenure of ED and CBI chiefs by up to three years after the mandated term of two years.
Congress leader Randeep Singh Surjewala challenged the amendment that is contrary to two top court judgments on fixed tenure of such officials.
Other petitioners are Trinamul Congress leader Mahua Moitra and Saket Gokhale.