On Monday, the Supreme Court in the case Jaya Thakur v. UoI observed and has appointed Senior Advocate KV Viswanathan as an amicus curia for assistance in deciding a batch of petitions challenging the extension given to the Director of the Directorate of Enforcement.
The present petition also challenges Central Vigilance Commission (Amendment) Act 2021 which allows the extension of the term of the Director of the Enforcement of Directorate up to 5 years.
The bench comprising of Chief Justice of India UU Lalit and Justice S Ravindra Bhat observed and has Bhat posted the matter for disposal on September 19.
It was submitted by the Solicitor General of India Tushar Mehta that most of the petitions have been filed by members of political parties whose leaders are facing ED cases, questioned the bona fides of the petitions.
The Congress leaders Dr.Jaya Thakur and Randeep Sing Surjewala, Trinamool Congress leaders Mahua Moitra and Saket Gokhale and Advocate ML Shara has filled the petitions.
The order was challenged by them by the Central Government on November 17, 2021 to extend the term of the ED Director Sanjay Kumar Mishra by one more year.
The Case filled by the common cause on September 8, 2021, the court had further directed that the extension should not be given to SK Mishra, whose term as ED Director was then about to end on November 16, 2021.
However, contrary to the Supreme Court’s direction, the petitioner argue that the Central Government extended his term by one more year with effect from November 17, 2021. Thus, this was done by way of promulgation of an ordinance to amend the Central Vigilance Commission Act to allow an extension up to 5 years for the term of ED Director and the Ordinance was replaced with the Act which was passed in December 2021. In the plea, it was argued that the was brought solely with the intention of giving benefit to SK Mishra. The plea states that Mishra had otherwise attained superannuation after attaining the age of 60 years in May 2020. In November 2018 for a two-year period, he was initially appointed as ED Director. In November 2020, despite his superannuation, the Centre passed an order to retrospectively amend his initial appointment as 3 years. Thus, this action was challenged in the case Common Cause vs Union of India. Further, it was contended by the petitioners that the extension given to Mishra is a blatant violation of the directions of the Supreme Court.
It was submitted by the Solicitor General of India Tushar Mehta that most of the petitions have been filed by members of political parties whose leaders are facing ED cases, questioned the bona fides of the petitions.
The Congress leaders Dr.Jaya Thakur and Randeep Sing Surjewala, Trinamool Congress leaders Mahua Moitra and Saket Gokhale and Advocate ML Shara has filled the petitions.