New Delhi: After Trinamool Congress leader and MP Mohua Moitra, Congress leader Randeep Surjewala on Thursday moved the Supreme Court challenging the Union government's ordinances extending the tenures of Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) chiefs from two to up to five years.
He has moved the plea against the Central Vigilance Commission (Amendment) Ordinance, 2021, and the Delhi Special Police Establishment (Amendment) Ordinance, 2021, of November 14 along with the Personnel Ministry's November 15 notification amending the fundamental rules which enable the government to extend the tenures of ED, CBI chiefs, as also of the defence, home and foreign secretaries.
The Congress leader has also sought from the court an interim relief, alleging that the ordinances violate court orders issued from time to time to ensure the independence of such institutions and that such institutions be kept away from any extraneous considerations. He said the ordinances reveals the "clear abuse of power" by the authorities.
These ordinances empower the Government of India to provide "piecemeal extensions" of one year each to the tenures of the directors of ED and CBI following the conclusion of the fixed terms provided in their statutes, Congress general secretary and chief spokesperson Surjewala claimed. "There are no criteria provided, save for a vague reference to 'public interest' and is in fact, based on the subjective satisfaction of the respondents. This has the direct and clear impact of eroding the independence of the investigative bodies in question," he said in the petition.
Surjewala also alleged that the extension of tenure in this "ad-hoc and episodic fashion" reaffirms the control of the Executive over investigative agencies and is "directly antithetical" to their independent functioning.
He also said that there is no defensible reason to promulgate the ordinances and notification barely 15 days before Parliament is set to convene.
"This hurried rush, of promulgating the ordinances three days before the retirement of the incumbent Director ED, is only intended to allow the government to extend the term of the said Director ED which comes to an end on November 17, 2021. This amounts to a clear abuse of power," he said.
Surjewala alleged that they are violative of the Constitutional Guarantee against Arbitrariness in State Action under Article 14.
Trinamool Congress leader and MP Mohua Moitra has also moved a petition challenging the ordinances in the Supreme Court.