Extension of ED chief's tenure invalid, he must go: SC

Allows Sanjay Mishra to continue on post till July 31

- ANANTHAKRISHNAN G

DECLARING AS "NOT VALID IN LAW" the two tenure extensions granted by the government to Sanjay Kumar Mishra, director of Enforcement Directorate, beyond the September 8, 2021 cut-off date it had fixed, the Supreme Court Tuesday said he can continue on the post only until July 31.

This cuts short Mishra's stint as the ED chief. In November last year, the 1984-batch IRS officer was granted a second tenure extension up to November 18, 2023.

The bench of Justices B R Gavai, Vikram Nath and Sanjay Karol, however, upheld as constitutional the amendments made to the Central Vigilance Commission Act, 2003, The Delhi Special Police Establishment Act, 1946, and the Fundamental Rules in 2021, enabling tenure extension.

The bench's directions came on a clutch of petitions including those filed by Jaya Thakur of Congress and Mahua Moitra of the TMC.

In a Twitter post hours later, Union home minister Amit Shah said, "Those rejoicing over the Hon'ble SC decision on the ED case are delusional for various reasons: The amendments to the CVC Act, which were duly passed by the Parliament, have been upheld. Powers of the ED to strike at those who are corrupt and on the wrong side of the law remain the same."