SC invalidates ED chief’s extensions
In a big blow to the Narendra Modi government, the Supreme Court on Tuesday, July 11—citing its September 8, 2021 judgment—declared the last two extensions granted to Enforcement Directorate (ED) chief Sanjay Kumar Mishra as “illegal”. The latest extension was supposed to be effective till November 2023.
This comes at a time when the Union government has been using the agency to carry out sustained raids on Opposition leaders and the government’s critics.
Mishra had retired in May 2020. He continues to be on extension at a time the ED has been carrying out sustained raids on Opposition leaders and the government’s critics.
The 2021 judgment had prohibited any further extensions to Kumar beyond November 2021. Referring to it, the apex court said the government’s attempts to bypass it through the retrospective use of subsequent legal amendments was an “impermissible exercise”.
The bench of Justices BR Gavai, Vikram Nath and Sanjay Karol was dealing with a batch of public interest petitions from the NGO Common Cause, Congress politician Jay Thakur and others challenging the repeated extensions granted to Kumar as ED director.
The Opposition Congress said the verdict was “a vindication of our stand on brazen misuse and compromise of ED for political vendetta”.
The ED reports to the Finance Ministry. Its mandate is to investigate money laundering and foreign exchange law violation offences, not to go after any individuals or groups.
