Extending ED director’s tenure for the third time is illegal: Supreme Court orders new appointment, Mishra will be able to hold the post only till July 31

New DelhiA minute ago

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In 2021, the court ordered the Center not to give extension to the ED chief. The Center had again extended the term of Sanjay Mishra by bringing an ordinance.

The Central Government has got a big blow from the Supreme Court (SC) on Tuesday. The court has termed as illegal the extension of the tenure of ED Director Sanjay Mishra for the third time. The SC said that the extension of ED chief Sanjay Mishra for the third time is not correct.

However, Mishra will continue in the post till July 31. Till then the government will have to appoint a new chief. Earlier Sanjay Mishra was to retire on 18 November. The central government had extended his tenure for the third time. Apart from this, the court has declared the change in the law to extend the tenure as valid.

A bench of Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol heard the petition challenging the extension of the tenure of the ED Chief. The court had reserved its verdict on May 8.

Now understand the serial case…

In 2021, the court ordered the government not to give extension
In November 2018, the Center had appointed Sanjay Mishra as the director of the ED for two years. After this he was to retire, but the government gave him an extension of one year. This decision was challenged in the Supreme Court by an NGO named Common Cause.

In September 2021, the court upheld the extension granted to Mishra. But the court had clearly said that Mishra will not be given any extension on this post.

Center brought ordinance against SC’s decision in 2021 itself
The central government brought an ordinance in November 2021 by making changes in the Central Vigilance Commission Act. There was a provision in this amendment that the director of agencies like the investigating agency ED and CBI could be given an extension of up to five years. Sanjay Mishra got extension even after the court order. His term is up to November 2023.

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