New Delhi, July 12 : In a significant development, the Supreme Court has ruled that the two tenure extensions granted to Sanjay Kumar Mishra, Director of the Enforcement Directorate (ED), are “not valid in law.” The court has set a new deadline for Mishra, stating that he can continue in his position only until July 31, cutting short his tenure as the ED chief. Previously, he was granted a second extension until November 18, 2023.
While the court upheld the constitutional validity of amendments made to the Central Vigilance Commission Act, 2003, the Delhi Special Police Establishment Act, 1946, and the Fundamental Rules in 2021, it declared Mishra’s extensions as invalid. The Supreme Court’s decision came in response to multiple petitions, including those filed by Jaya Thakur of the Congress party and Mahua Moitra of the TMC.
Following the court’s ruling, Union Home Minister Amit Shah took to Twitter to express his perspective, stating that those celebrating the ruling were mistaken. Shah highlighted that the amendments to the Central Vigilance Commission Act, which were passed by Parliament, have been upheld. He also emphasized that the ED’s powers to combat corruption and enforce the law remain unchanged.
During Mishra’s tenure, the ED actively pursued cases under the Prevention of Money Laundering Act, particularly those involving opposition leaders and their relatives. In April, the Supreme Court rejected a plea by 14 political parties alleging selective and targeted use of central probe agencies by the BJP-led government. The court stated that it could intervene in individual cases based on facts but could not establish separate guidelines specifically for politicians.
Considering the government’s argument that India is undergoing a review by the Financial Action Task Force (FATF), the Supreme Court allowed Mishra to remain in his position until July 31. The court also acknowledged that appointing a new ED Director may require some time.
The court referenced its previous ruling in the Common Cause case on September 8, 2021, which explicitly stated that no further extensions should be granted to Mishra. The bench concluded that the government’s orders in November 2021 and November 2022 violated the court’s directive and were therefore invalid.
Sanjay Kumar Mishra, a 1984-batch IRS officer, was appointed as the Director of ED on November 19, 2018, for a two-year term, which was later extended to three years on November 13, 2020. The Supreme Court had previously dismissed a petition challenging this extension but directed that no further extensions be granted to Mishra.
The government subsequently amended the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, granting itself the authority to extend the tenure of the ED Director and the CBI Director. These amendments were also challenged before the Supreme Court, with petitioners arguing that they undermined the court’s directive for a fixed tenure of the CBI chief.
In its judgment on the amendments, the court emphasized the need for self-imposed limits during judicial review of legislative or executive actions. It concluded that Parliament had the power to enact the amendments, which did not grant arbitrary powers to the government for extending the tenure of the ED or CBI Director. The court also affirmed that the minimum tenure of two years, as directed in previous judgments, remained unchanged by the amendments.
