New Delhi: In a significant development, the Supreme Court of India has declared the extension of tenure for the Director of the Enforcement Directorate (ED), Sanjay Kumar Mishra, as illegal. However, the court has granted Mishra permission to continue serving in the position until July 31, 2023.
The Supreme Court’s ruling comes after a petition challenged the legality of Mishra’s tenure extension beyond his initial two-year term, which was set to expire on November 19, 2020. The petition argued that the extension violated the provisions of the Central Vigilance Commission (CVC) Act and the Prevention of Money Laundering Act (PMLA).
The apex court, while acknowledging the illegality of the extension, cited the extraordinary circumstances and the urgency of maintaining continuity in the leadership of the ED. The court deemed it appropriate to allow Mishra to continue his service until July 31, 2023, to ensure a smooth transition and avoid any disruption in the ongoing investigations and proceedings under the jurisdiction of the ED.
The Supreme Court’s decision reflects the delicate balance between the adherence to legal norms and the practical considerations of the agency’s operations. The ED plays a crucial role in combating financial crimes and money laundering in the country.
It is worth noting that the court’s ruling does not legitimize the extension itself but rather provides a temporary arrangement to maintain stability until a new director can be appointed through the proper procedure. The judgment emphasizes the importance of upholding the integrity and independence of key law enforcement agencies while adhering to the constitutional principles and statutory provisions.
This ruling serves as a reminder of the significance of transparent and lawful appointments to crucial positions within government agencies. It also underlines the responsibility of the concerned authorities to ensure timely and appropriate procedures for appointments, adhering to legal requirements and avoiding any potential conflicts or ambiguities.
As the tenure of ED Director Sanjay Kumar Mishra approaches its new deadline, it will be essential for the relevant authorities to initiate the process of selecting a new director who can lead the agency effectively and uphold the principles of justice and accountability
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