Supreme Court extends tenure of ED Director SK Mishra till September 15

27 July, 2023 | Gautam Thakral

SC extends tenure of ED Director Top News

Supreme Court declared that the prior extension given to Mishra was in breach of its 2021 judgement.

The Supreme Court on Thursday permitted an extension of the tenure of the Director of the Enforcement Directorate (ED) Sanjay Kumar Mishra till September 15 considering “national interest”.
A special bench of the Supreme Court comprising justices B.R. Gavai, Sanjay Karol and Vikram Nath heard and granted the Union’s request to extend the tenure of the incumbent Enforcement Directorate (ED) Director, Sanjay Kumar Mishra.
The Supreme Court further clarified that it will not entertain any further application for an extension in the matter.
Centre on Wednesday urged the Supreme Court to extend the tenure of Mishra till October 15, in view of the ongoing Financial Action Task Force (FATF) review.

ED tenure increased post Centre’s plea to Supreme Court

The Centre, in its plea to the Supreme Court, said that it may be permitted to extend the tenure of ED Director Sanjay Kumar Mishra in view of the ongoing FATF review which is at a critical stage where submissions on effectiveness have been made on July 21, 2023, and an on-site visit is scheduled to be conducted in November 2023.
“At such a critical juncture, it is essential to have an individual who is well-acquainted with the overall status of money laundering investigations and proceedings across the country and also the intricacies of the procedures, operations, and activities of the investigating agency, at the helm of affairs at the Directorate of Enforcement. This is necessary to ensure that the assessment team can be promptly and ably assisted with necessary reports, information, statistics, etc.,” the Centre said in the plea.

The Centre said any transition in leadership at the Directorate of Enforcement at this stage, would significantly impair the ability of the agency to provide necessary assistance to and co-operation with the assessment and thereby adversely impact India’s National Interest.
In its July 11 ruling, the Supreme Court declared that the prior extension given to Mishra was in breach of its 2021 judgement.

The Central Government subsequently petitioned the Court, arguing that Mishra should be allowed to remain in office until October 15th, so that the Financial Action Task Force’s (FATF) evaluation of India’s money-laundering investigative activities could go smoothly.

Today, the Court partially granted the request and prolonged the term until September 15.

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