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‘Centre misusing’: Cong leader moves SC challenging ED director’s term extension
The move came on a day Congress leader Rahul Gandhi was interrogated by the Enforcement Directorate (ED) in the National Herald case for the third consecutive day
With Congress leader Rahul Gandhi interrogated by the Enforcement Directorate (ED) in the National Herald case for the third consecutive day, a party functionary on Wednesday knocked the doors of the Supreme Court to scuttle the tenure extension granted to ED director Sanjay Kumar Mishra claiming that the Centre is using enforcement agencies against Congress President Sonia Gandhi and party office bearers.
“The Ministry of Finance (respondent 1 in the petition) is using the enforcement agencies against the Indian National Congress (INC) party’s President and their office bearer,” said the petition filed by Mahila Congress general secretary, Jaya Thakur.
The petition filed on Wednesday sought an order to set aside the Central Vigilance Commission (Amendment) Act 2021 fixing the tenure of ED director as five years and the order issued by the Ministry of Finance on November 17, 2021 granting a further extension of one year to Mishra on the grounds that it was contrary to the judgment passed by the Supreme Court on September 8 last year allowing the first extension granted to Mishra in November 2020 with a rider not to provide any further extension.
Mishra was initially appointed as ED director for a tenure of two years beginning November 19, 2018. On November 13, 2020, his tenure was amended retrospectively to three years by an executive order, owing to pendency of crucial and sensitive ED investigations monitored by him.
“The respondent (Union of India) passed the CVC (Amendment) Act 2021 with a sole purpose to give benefit to respondent 2 (Sanjay Kumar Mishra),” said the petition filed through advocate Varinder Kumar Sharma. This is the second petition challenging the extension order of Mishra with the first one filed in April this year by All India Trinamool Congress (AITC) member and RTI activist Saket Gokhale, which is yet to be heard by the top court.
Casting doubts over the ED’s decision to summon Sonia Gandhi and Rahul Gandhi, the petition said, “The investigation is going on for the last 10 years with an intention to damage the image and reputation of their (Centre’s) opponents…In the whole world there are no agencies to search (investigate) up to 10 years. The above said act clearly shows that respondents are misusing (enforcement agencies) for political vendetta.”
The petition said that the above acts of the respondents hit at the root of democracy and seek to silence the voice of Opposition. “Democracy is part of the basic structure of the Constitution and rule of law and free and fair elections are basic features of democracy. The respondents are destroying the basic structure of democracy by misusing enforcement agencies against the political opponents….Harassing the opposition leaders is against the democracy. Opposition voice is necessary in democracy as opposition voice is common man’s voice,” it added.
Mishra’s extension was challenged by NGO Common Cause in the Supreme Court saying that there was no reason to continue a man who had superannuated on May 2020. Allowing such a decision would wreak havoc with the government machinery allowing the Centre a free hand to keep officers of their choice for the unreasonable period beyond their retirement, it added.
The government argued before the court that Section 25(d) of Central Vigilance Commission (CVC) Act provides for the tenure of ED director to be “not less than two years”. This, according to the Centre, gave discretion to the government to fix a tenure beyond two years notwithstanding the retirement age of 60 years applicable under Rule 56 of All India Service Rules.
The top court judgment of September 2021 upheld the power of the Centre to extend the tenure of ED director over two years. However, it said, “We make it clear that any extension should be only in rare and exceptional cases. Any extension granted to persons beyond superannuation should be for a short tenure.”
In the case of Mishra, the court held, “For the reason that his (Mishra) tenure is ending in November 2021 we have refused to interfere. However, we make it clear that no further extension is to be granted to him.”
The government told the court that under Mishra, ED netted a sum of nearly ₹9,000 crore worth proceeds of crime in the investigation of three cases involving Vijay Mallya, Nirav Modi and Mehul Choksi. The bench had replied to this argument by saying, “We appreciate that he is doing good work. But you cannot continue with him till all these cases are over.”
