The Central government has approached the Supreme Court, seeking an extension of the tenure of Enforcement Directorate (ED) Director, Sanjay Kumar Mishra, until October 15. The government’s request is based on the need for smooth operations during the Financial Action Task Force (FATF) review of India’s money-laundering investigation procedures.
The government filed a petition with the Supreme Court to modify its earlier ruling from July 11, which set a deadline of July 31 for appointing a new ED director. The petition explained that FATF is an intergovernmental organization that provides recommendations to combat money laundering and terrorism financing, and India, along with around 200 countries/jurisdictions, has committed to implementing these standards.
The extension of Mishra’s term is deemed essential in the national interest to ensure effective cooperation and assistance to the FATF assessment team, as stated in Mukesh Kumar Marori’s petition.
The Supreme Court had previously invalidated an extension granted to Mishra in November 2021, ruling that it violated the Court’s 2021 judgment, which stated that he cannot be granted an extension beyond November 2021. Mishra was initially appointed as ED Director for a two-year term in November 2018, and his contract ended in November 2020, after he reached the retirement age in May 2020.
However, the Central government issued an office order on November 13, 2020, altering the 2018 order from ‘two years’ to ‘three years,’ which was later challenged by Common Cause in front of the Supreme Court. The Court approved the modification in September 2021 but denied any further extensions for Mishra.
Subsequently, the Central government issued an ordinance amending the Central Vigilance Commission (CVC) Act, granting itself the authority to extend the ED Director’s term by up to five years. Later, the legislature passed a law allowing one-year extensions up to a maximum of five years, leading to further contestation before the Supreme Court.
In its application submitted on Wednesday, the government highlighted the significance of Mishra’s presence during the FATF review process, scheduled to conclude in November, as he plays a crucial role in assisting the FATF team’s visit and ensuring compliance.
Solicitor General Tushar Mehta presented the matter before the bench, presided over by Justice BR Gavai, and requested an urgent listing. The Court agreed to hear the plea on Thursday at 3.30 p.m., as per the government’s request.
