'In larger national interest': SC extends ED director Sanjay Mishra's term till September 15

A bench headed by Justice B R Gavai said in ordinary circumstances the court would not have allowed the ED director to continue but the Centre has projected a "larger national interest". -- Reports ETV Bharat's Sumit Saxena.

New Delhi: The Supreme Court Thursday allowed the Enforcement Directorate director Sanjay Kumar Mishra to continue till September 15, 2023, in the "larger national interest".

A bench headed by Justice B R Gavai said in ordinary circumstances the court would not have allowed the ED director to continue but the Centre has projected a "larger national interest". The bench, also comprising justices Vikram Nath and Sanjay Karol, made it crystal clear that no further application seeking Mishra’s extension will be entertained.

During the hearing, Justice Gavai asked the Solicitor General Tushar Mehta, representing the Centre, are we not giving a picture that your Enforcement Directorate department is full of incompetent persons and there is only one competent person in the country who is competent enough to head the ED, is it not demoralizing the entire force?

Justice Gavai orally remarked, will the Supreme Court collapse if I am not able to continue as the CJI? The top court was hearing the Centre’s plea seeking its permission to extend the tenure of the Enforcement Director Sanjay Kumar Mishra – who was asked by the court to demit office by July 31 – till October 15, 2023.

Mehta said in view of the ongoing Financial Action Task Force (FATF) review, which is at a critical stage, the continuity in office would help the country this is not an annual exercise that someone can take over, and this was last done in 2010 and then in 2019, it couldn't happen because of Covid. Mehta said this review will decide the country's eligibility for the international credit and it is a coincidence that the court's judgment came and peer review was going on.

Justice Gavai said in the ordinary course the court could have said that he should not hold office from judgment or declare earlier appointments illegal but for a smooth transition, the court gave him time on July 31, 2023. Mehta urged the court to extend his tenure to October 15 at least.

Senior advocate A M Singhvi, representing a petitioner, submitted that the court had dealt with FATF, which was argued by Centre during the main hearing in the matter, and this is like the whole country is on the shoulders of one person. Singhvi said FATF started at the beginning of year and it ends in 2024 and it has 40 parameters, and money laundering is only one aspect while opposing extension to Mishra’s tenure.

In the context of the FATF review, senior advocate Anoop G Chaudhary, representing another petitioner, said there is a national investigation agency, CBI, several bureaus and all institutional agencies made to achieve the process, and ED is a very small part of it and stressed that it cannot be said without ED nothing can happen.

Advocate Prashant Bhushan, representing NGO Common Cause, said the Centre is trying to mislead the court as if ED is the main agency to FATF as if this person is indispensable and stressed that if he is so important, the government can appoint them as an advisor to the director to assist him in the review. Bhushan said, why do they need him till October when they're saying that the review is going on till next year?