Is there no other competent person, asks SC as it extends ED chief's tenure

The Supreme Court on Thursday allowed Enforcement Directorate's chief Sanjay Kumar Mishra to continue on the post till September 15, 2023, in "larger national interest".

A three-judge bench presided over by Justice B R Gavai said in ordinary circumstances, the court would not have allowed the ED director to continue but the Centre has projected larger national interest.

The bench, also comprising Justices Vikram Nath and Sanjay Karol, made it clear that no further application seeking Mishra’s extension will be entertained and he would cease to remain as ED chief from September 16, 2023.

Also Read | Plea on Manipur violence: Supreme Court asks petitioner to mention it before CJI

The top court had on July 11 declared repeated extensions granted to IRS officer Mishra as illegal and ordered that he would not continue beyond July 31.

Taking up a plea by the Centre to allow Mishra to continue till October 15 due to ongoing FATF review, the bench asked the Solicitor General Tushar Mehta, "Are we are not giving a picture that the ED is full of incompetent persons and there is only one person in the country who is competent enough to head the ED and is it not demoralising the entire force?"

Justice Gavai also asked if the Supreme Court will collapse "if I am not able to continue as the CJI".

Mehta, for his part, said in view of the ongoing Financial Action Task Force (FATF) review, which is at a critical stage, the continuity in office would help the country and this is not an annual exercise that someone can take over, and this was last done in 2010 and then in 2019; it couldn't happen because of Covid.

He said this review will decide the country's eligibility for the international credit and it is a coincidence that the court's judgement came and peer review was going on.

The bench said in ordinary course, the court could have said that he should not hold office from judgement or declare earlier appointments illegal but for smooth transition, the court gave him time July 31, 2023.

Mehta urged the court to extend his tenure to October 15 at least.

Senior advocate A M Singhvi, appearing for petitioner Congress leader Jaya Thakur, submitted that the court had dealt with FATF, which was argued by Centre during the main hearing in the matter, and "this is like the whole country is on the shoulders of one person".

Opposing extension to Mishra’s tenure, he said FATF started at the beginning of the year and it ends in 2024 and it has 40 parameters, and money laundering is only one aspect of it.

In context of FATF review, senior advocate Anoop G Chaudhary, representing another petitioner, said there is national investigation agency, CBI, several bureaus and all institutional agencies made to achieve the process, and ED is a very small part of it.

He said that it cannot be said without ED, nothing can happen.

Advocate Prashant Bhushan, representing NGO Common Cause, said the Centre is trying to mislead the court as if ED is the main agency to FATF and as if this person is indispensable.

He said, "If he is so important, the government can appoint him as an advisor to the director to assist him in the review."

Bhushan also asked why they need Mishra till October when they're saying that review would be on till next year.