ED chief SK Mishra to stay in office till September 15

economictimes.indiatimes.com:

Supreme Court on Thursday allowed Directorate of Enforcement (ED) head S K Mishra to stay in office till September 15, 2023, in «larger public interest», but clarified that no application seeking further extension of his term will be entertained in future. A bench headed by Justice B R Gavai said Mishra will cease to be the ED director post September 15. The order was passed on an application filed by the central government seeking extension of Mishra's tenure till October 15.

The top court had earlier this month directed Mishra to demit office by July 31 after declaring «illegal» two orders issued by the Centre to extend his tenure — in November 2021 and November 2022. During the hearing on Thursday, the bench verbally questioned Centre if its request for extension of Mishra meant only one person in the entire department is competent?.. «Is it not demoralising for the entire force that ED cannot function without one individual?» Justice Gavai asked.

«Imagine if some mishap happens when I am the CJI, would the SC collapse?» he added. The bench said it could have ordered immediate removal of Mishra as ED chief as it had already declared the two extensions given to him as illegal, but chose not to do so keeping in view smooth transition and public interest. The tenure of the ED chief is fixed at two years.

The Centre had in 2021 amended relevant legislations to allow a maximum of three annual extensions on top of the fixed tenure. But the court had ruled that this was not applicable in the case of Mishra as ED director because the amendments came after the Supreme Court had issued a specific mandamus directing the Centre not to grant any further extension to Mishra's tenure. Contending on behalf of the Centre, solicitor