Petition Filed in Apex Court Challenging Third Extension of Enforcement Director Sanjay Kumar Mishra
(Judicial Quest News Network)
A fresh plea was filed before Apex Court by Congress leader Jaya Thakur, challenging the third extension of tenure granted to the director of Enforcement Directorate (ED), Sanjay Kumar Mishra.
The petition is filed through Advocate Varinder Kumar Sharma and drawn by Adovcates Varun Thakur and Shashank Ratnoo.
The petitioner submits that the third extension to the Ed director is in the violation of the top court’s ordersand is destroying the democratic process of our Country.
It is also submitted that the Cnetral Government had enacted “The Central Vigilance Commission Act,2003” to provide for the constitution of a Central Vigilance Commission to enquire or cause enquaries to be conducted into offence alleged to have been committed under the prevention of Corruption Act 1988by certain categories of public servantsof the Central Government, Corporations established by or under any Central Act, Government Companies, Socities and localauthoritiesowned or controlledby the Central Government and for matter connected therewith or incidental thereto.
The Apex Court is already seized of abatch of pleas challenging the validity of the earlier extension given to Mishra.
In its September 2021, verdict the top Court ruled against granting further extensions to Mishra.
The Petitioner submits that Second extension granted to Mishra from Novemebr 17, 2021 to November 17, 2022 after which a petitione was filed by the (Petitioner), on which a notice was issued.
During the pendency of the above writ petition, resopondent no 1 again granted the third extension to Mishra form Nov, 18,2022 to Nov,18, 2023, which shows that respondent no1 (Central Government), have no respect towards the rule of law.
On Nov, 18 Justice S.K kaul had recuse himself from hearing the pleas challenging the amended law allowing extension of up to five years for the ED director, A day after Mishra was fresh given a fresh one-year extension as the chief of the anti-money laundering agency.
After the Apex Court’s decision last year, the Central Government Commission (CVC) Act, empowering itself to extend the tenure of the ED Director by up to five year.
This came to be challenged before the Apex Court and petitions are pending before it.
The Central Governemnt in its petition submitted that the petitions are politically motivated since the petitioners belong to a political party which under scanner of Enforcement Directorate.
The petitioner said that democracy is apart of the basic strucutureof our constitution and rule of the law and free and fair elections are basic features of the democracy.The resppondents destroyed the basic strucuture of the Democracyby misusing the Enforcement Directotrate against the political opponent.
The Apex Court in the number of cases held that appoiuntment in ED must be fair and transparent, if their appointments are done in biased nature, then they can be used as tools.
It is also submitted that there is no power conferred on the Union of India to extend the tenure of the Director of Enforcement and the Union on India cannot take refugeunder the plea that important investigations are pending for which reason the tenure of the Director can be extended.
The pleas also said that there are several competent officers who are eligible for consideration for appointment to the post of Director of Enforcement and they should not be deprieved of the opportunity to be appointed in accordance with the procedureprescribed under the CVCAct.
