Supreme Court allows ED chief Sanjay Kumar Mishra to continue till Sep 15 in ‘larger public interest’

In a relief to the Union government, the Supreme Court on Thursday allowed Executive Directorate (ED) chief Sanjay Kumar Mishra to continue till September 15 in "larger public interest". Delivering its verdict on the Centre's plea that Sanjay Kumar Mishra be allowed to continue as ED director till October 15 instead of the court's July 31 deadline, the apex court said there would be no further extension and that Mishra would cease to hold the post from midnight on the 15th. on September 16.

Earlier this month, the Supreme Court termed the third service extension granted to ED chief Sanjay Kumar Mishra as "illegal". The government argued that Mishra's continuance was "necessary" for a positive assessment by the Financial Action Task Force (FATF), which will evaluate India on its laws that comply with international anti-money laundering and anti-financial terrorism protocols.

During the hearing, Justice BR Gavai asked the government if it was giving a picture that "your entire department is incompetent?" That you can't function without one person? Solicitor General Tushar Mehta said no one was indispensable but added that continuity would help the country as a review.

“This is not an annual exercise that anyone can take over. The last time it happened was in 2010. Then in 2019, it couldn't happen because of Covid. Continuity would help the country,” Mehta told the court. Lawyers representing the government said Mishra's removal as ED director would "result in reputational damage" and "negatively affect the country's image".

Earlier this month, a court headed by Justice Gavai quashed the government's decision to grant two tenure extensions to ED director Mishra in 2021 and 2022, terming the orders "illegal", and giving him time till July 31 to relinquish office. The court noted that Misra could not be granted an extension beyond November 2021 as they came after a court order stating that no further extensions would be granted to him.

Mishra's extension was challenged by a batch of petitions based on the September 2021 Supreme Court order. The petitioners included Congress presidents Randeep Singh Surjewala, Jaya Thakur and Trinamool Congress MP Mahua Moitra, among others.