The Supreme Court in the case Common Cause vs Union of India observed and has issued notice on an application filed by the Government of India to modify the order passed by the Court on 09/08/2021, which has prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra which is beyond 16/11/2021.
On September 8, 2021, in its judgement delivered in the case filed by Common Cause, it had been directed by the Supreme Court that further extension should not be given to SK Mishra, whose term as an ED Director was about to end on 16/11/2021. In the judgement delivered, it had been held by the Court that the Centre could have extend the term of ED Director beyond 2 years only in “rarest and exceptional circumstances”. Lately, in November 2021, a few days ahead of the end of SK Mishra’s term, an ordinance was promulgated by the Centre to amend the CVC Act to enable the Centre for extending the term of ED Director for a period up to 5 years. The Act passed by the parliament replaced the ordinance in December 2021. However, being based on the ordinance, Mishra was given a further extension for a period of one year.
The bench comprising of Justice BR Gavai and Justice BV Nagarathna observed and has issued notice to Common Cause on the application of Centre’s, wherein seeking to modify the last year’s order. The notice issued was accepted by Advocate Prashant Bhushan on behalf of Common Cause. Accordingly, the bench listed the matter on November 7th.
It was submitted by Tushar Mehta, the Solicitor General of India that the application is justified on the basis of the CVC Amendment Act 2021.
Furthermore, the bench observed orally that that it will examine the issue from the perspective of the changed law and that the previous order was passed on the basis of the law which existed then.
It was also informed by the Solicitor General of the Court that a batch of PILs challenging the CVC Amendment Act 2021 and the extension of SK Mishra’s term are pending.
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