Questioning the Centre’s decision to grant a third extension to Enforcement Directorate (ED) Director Sanjay Kumar Mishra, the Supreme Court on Wednesday asked the government if there is no competent person in the entire agency.
A bench headed by Justice B.R. Gavai was hearing a petition challenging the third extension given to ED Director S K Mishra, and also the CVC Amendment Act 2021. The top court will continue hearing the matter on May 8.
The apex court asked Solicitor General Tushar Mehta, representing the Centre, “Is there no competent person in the entire agency and can one person be so indispensable?”
The bench, also comprising justices Vikram Nath and Sanjay Karol, queried Mehta, “What will happen to the agency post-2023 when he does retire?”
In a ruling in 2021, the Supreme Court said that any extension of tenure granted to officers holding the post of director after attaining the age of superannuation should be for a short period, adding that no further extension will be given to Mishra.
SG Mehta submitted that Mishra’s extension was vital for India’s evaluation by the Financial Action Task Force (FATF) and the next peer review of India’s legislation on money laundering is to take place in 2023.
To ensure the country’s rating does not go down, the SG said continuity of the leadership in ED is crucial and added that “though no one is indispensable, in such cases, continuity is required”.
Mehta said, “We are not dealing with individuals but with the performance of an entire country.”
Mehta also said that he has a serious objection with respect to the petitions filed by political persons whose party’s senior functionaries are under investigation by the ED, saying that they have no locus standi in the matter.
Mehta said in one of the cases, the authorities had to get a cash counting machine because so much cash was recovered.
To this, the bench asked if a person, who is a member of a political party, can be a ground for not permitting him to file a petition.
The Centre has told the Supreme Court that the PIL challenging the extension of Mishra has been filed with the intention of protecting Congress leaders, who are facing money laundering charges.
Pointing at the petitioners – Randeep Singh Surjewala (Congress), Jaya Thakur (Congress), Saket Gokhale and Mahua Moitra (both Trinamool Congress) – the affidavit said the eminent leaders of these parties are under the scanner of ED.
“It is respectfully submitted that certain leaders of the aforesaid political parties are under investigation by the ED. The investigation is strictly going on in accordance with law which is reflected from the fact that in most of the cases, either the competent courts have taken cognisance of the offence or constitutional courts have refused to grant any relief to such leaders of the above political parties,” said the affidavit filed by the Centre in the apex court.
(With IANS inputs)
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