SC Extends ED Director Sanjay Kumar Mishra’s Tenure Till September 15, 2023

The Supreme Court on Thursday extended the tenure of  Sanjay Mishra, the Director of the Enforcement Directorate until September 15th. However, the central government sought approval from the Supreme Court for Mishra to remain in the position until October 15th.

During the hearing, the Supreme Court stated, “Is the entire department filled with incapable officers?” In response, the central government stated that given the financial action task force (FATF) review, continuity in the leadership of the ED is necessary. The government added that Sanjay Mishra is not irreplaceable but continuity is essential for reviewing the FATF measures.

The tenure of Sanjay Mishra as the ED Director is set to end on July 31st, as per the Supreme Court’s previous decision.

Initially, Sanjay Mishra was appointed as the Director of the ED for a 2-year term in November 2018. His tenure ended in November 2020. Despite reaching the age of retirement in May 2020, the central government issued an office order on November 13, 2020, modifying the previous order to extend his term from “2 years” to “3 years.”
This amendment was challenged in the Supreme Court by the NGO Common Cause.

In September 2021, the Supreme Court approved the amendment made by the President but did not grant a further extension to Mishra. Subsequently, the central government amended the Central Vigilance Commission (CVC) Act, giving them the power to extend the ED Director’s term for up to 5 years at once.

Later, Parliament passed a law to extend the term of the ED Director for one year at a time, up to a maximum of 5 years. This new provision was also challenged in the Supreme Court.

On July 11th, the Supreme Court upheld the amendments made by the legislation, granting the central government the power to extend the ED Director’s term up to five years.

However, it declared the extension given to Mishra as invalid, stating that it contradicts the 2021 decision. Following this, the court directed the central government to appoint a new Director by July 31, 2023.