ED Director Tenure: The Supreme Court on Tuesday (July 11) declared the third service extension of ED Chief Sanjay Kumar Mishra illegal. After this matter, the war of words between the opposition and the ruling party has intensified. The opposition has termed the decision of the Supreme Court as a victory of democracy. On which Union Home Minister Amit Shah retaliated. Know the big things related to this matter.
1. Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol’s bench said that we had ordered not to extend Sanjay Mishra’s tenure in 2021 itself. Despite this, it was extended by bringing a law. He said that the change has been done in a constitutional manner, but the extension of service of the current ED director cannot be justified. This service extension is invalid.
2. The court said that in view of the related review being done by FATF this year and to ensure smooth transition, Sanjay Mishra’s tenure will be till 31 July. During this, the central government should select a new director. The tenure of 1984 batch IRS officer Sanjay Mishra was fixed till 18 November 2023.
3. Sanjay Kumar Mishra became the ED director in 2018. Whose tenure was to end in 2020. However, the central government had given him a one-year extension. This decision of the Center was challenged in the Supreme Court by the NGO Common Cause. On which the Supreme Court had said on 8 September 2021 that the extended tenure of Sanjay Mishra is ending on 18 November. That’s why now it will not be interfered with, but his tenure should not be extended further.
4. After this, the central government brought an ordinance on November 14, 2021, reversing the order of the Supreme Court. Under which the ED and CBI chiefs were given a three-year extension of service after the mandatory tenure of two years. May go. Mishra’s tenure was again extended for one year on the basis of this. He was given one year extension in November 2022.
5. A petition was filed in the Supreme Court against the Centre’s decision. The petitioners include Congress leaders Randeep Singh Surjewala, Jaya Thakur and Trinamool Congress MPs Mahua Moitra, Saket Gokhale, among others. In the petition, he accused the central government of destroying the basic structure of democracy by misusing enforcement agencies against its political opponents.
6. Welcoming the decision of the Supreme Court, the opposition parties strongly attacked the Centre. Congress General Secretary KC Venugopal said that this decision is a slap on the face of the government. He alleged that the government’s aim was to give extension to the ED director through illegal means.
7. Congress MP Randeep Surjewala said that we have always said that the Prime Minister Narendra Modi has been misusing agencies like ED against political opponents. The way ED was released on different political parties, harassed, the basic institutions of democracy were shaken, democracy was weakened. All this has been proved today. He said that in my view, the court also needs to reconsider the decision upholding the validity of the law of extension of service of ED and CBI director.
8. Hitting back at the opposition, Union Home Minister Amit Shah said that it is not important who is the director of the ED, as whoever holds the post will be a dynast with an anti-development mindset. Will keep an eye on large scale corruption. People celebrating the court’s decision on the ED case are in confusion for various reasons. The amendment to the CVC (Central Vigilance Commission) Act, which was duly passed by the Parliament, has been retained.
9. RJD said that the Supreme Court’s decision to cancel the extension of the ED director puts the central government in the dock. RJD leader Manoj Jha said that I do not know how the government will react to this. First of all he should apologize for this.
10. Aam Aadmi Party leader Saurabh Bhardwaj said that extending the term for the third time indicated that he was helping the BJP politically. At the same time, JDU leader Neeraj Kumar said that ED was being used by BJP as a political tool and to give protection to economic defaulters. We welcome the decision of the Supreme Court.