New Delhi, October 21
The Supreme Court has issued notice to “Common Cause” on the Centre plea seeking modification of its order which barred the government from extending the tenure of Sanjay Kumar Mishra, the director of the Enforcement Directorate.
A bench of justices BR Gavai and BV Nagarathna, in its order delivered on Thursday, said, “Issue notice, returnable on 07.11.2022.” Advocate Prashant Bhushan, counsel appearing for the respondent accepted the notice.
The Centre was represented by Solicitor General Tushar Mehta, advocate Mukesh Kumar Maroria, Rajat Nair and Kanu Agarwal.
Centre has filed an application seeking a modification of the court order dated September 8 2021 whereby it was ordered that there should be no further extension granted to Sanjay Kumar Mishra, the incumbent Director, ED.
Centre in its plea has sought modification with respect to the observation that “no further extension shall be granted to the second Respondent”, and prayed for deletion of the said direction in view of subsequent amendments to the fifth proviso to Fundamental Rule 56(d) of the Fundamental Rules, 1922 of the Government of India, and to Section 25 of the Central Vigilance Commission Act, 2003 .
The top court in its order dated September 8 2021 said that no further extension shall be granted to the second Respondent i.e., to Sanjay Kumar Mishra.
Centre submitted that subsequent to the aforesaid Judgment, on November 14 2021, the President of India was pleased to promulgate the Central Vigilance Commission (Amendment) Ordinance, 2021 by way of which two provisos were added at the end of Section 25(d) of the CVC Act.
Section 25(d) of the CVC Act, provides that a Director of Enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office.
The provisos introduced by way of the Ordinance dated 14.11.2021 enables extension of the term of the Director of Enforcement, subject to a maximum term of service of five years. The said two provisions to Section 25(d) of the CVC Act introduced the Amendment.