SC extends ED Director S K Mishra’s tenure till Sept 15 in ‘nat’l interest’

New Delhi: The Supreme Court Thursday extended the tenure of Enforcement Directorate chief Sanjay Kumar Mishra till September 15 midnight in larger “public and national interest” after the Centre asserted his continuity is necessary in view of the ongoing FATF peer review and attempts by India’s neighbours to ensure the country falls in the grey list.

The top court, which initially made a sharp observation, asking “are we not giving a picture that there is no other person and the entire department is full of incompetent people,” later relented and accepted the Centre’s request for extending Mishra’s tenure but for a period that is a month less than what it had sought.

The Centre was seeking an extension for Mishra till October 15 from the earlier July 31 deadline set by the top court.

A bench of Justices B R Gavai, Vikram Nath and Sanjay Karol said it was granting the extension in “larger public and national interest” but Mishra will cease to remain ED chief from the midnight of September 15. “We find that in ordinary circumstances, such an application could not have been entertained. Taking into consideration the larger public interest, we are inclined to permit respondent number-2 (Sanjay Kumar Mishra) to continue for some more period.

“We therefore, permit the respondent number-2 to continue as director of Enforcement Directorate till September 15, 2023. We clarify that no further application will be entertained for grant of extension to respondent number-2. We further clarify that respondent number-2 shall cease to be director of ED with effect from midnight of September 15-16, 2023,” the bench said in its order.

In ordinary circumstances, the court said, it would not have entertained such an application after having held that extensions granted to Mishra by orders dated November 17, 2021 and November 17, 2022 were “illegal”. It said it had permitted him to continue in office till July 31 in order to ensure a smooth transition.

After the order was dictated by the bench, Solicitor General Tushar Mehta, appearing for the Centre, urged the court to consider granting an extension to Mishra till September 30.

“No. This (extension till September 15) also we have granted considering the larger national interest. In ordinary circumstances, we would have not entertained your application but you projected a national interest. No question after this. He would cease to hold the post from midnight of September 15-16, 2023,” the bench told the government law officer categorically.

During the hearing, the top court questioned the Centre for seeking an extension for the officer and asked if the entire department is “full of incompetent people” except for its incumbent chief.

“Are we not giving a picture that there is no other competent person and the entire department is full of incompetent people? Is it not demoralising for the department that it cannot function if this person is not there” the bench told Mehta.

The top law officer argued the continuity in the ED leadership is necessary in view of the peer review by the Financial Action Task Force (FATF), the global anti-money laundering and terror financing watchdog, whose rating matters.

Mehta said Mishra is “not indispensable” but his presence is necessary for the entire exercise.