Govt in Supreme Court again to seek 2.5 months more for Enforcement Directorate chief | India News – Times of India

NEW DELHI: Just days before the July 31 deadline set by the Supreme Court for Enforcement Directorate chief Sanjay Mishra to demit office, the Centre on Wednesday requested the court to allow him to continue till October 15 as the review by international watchdog Financial Action Task Force (FATF) of the country’s anti-money laundering system is under way and a change of guard now will hamper national interest.

The apex court had on July 11 declared the two extensions (of one year each) given to Mishra as illegal as it was violative of the SC’s earlier direction, but allowed him to remain in office till the end of this month in view of the FATF review process and also to ensure smooth transition within the agency.
The Centre had raised the FATF issue also to justify the extension given to Mishra, while the court had asked if there was no other competent officer to carry out Mishra’s task.

Any ED transition now will hit national interest: Govt
The SC’s order had cut short the ED director’s tenure which was to end on November 17.
Solicitor general Tushar Mehta told the bench headed by Justice BR Gavai that the Centre is about to file an application pertaining to the SC’s judgment on ED director and pleaded for an urgent hearing as only six days are left for the court’s July 31 deadline to run out. The bench agreed to hear the plea on Thursday.

“The Union of India is compelled to approach the court seeking extension of the date up to October 15 which the director may be permitted to continue in office, in view of the ongoing FATF review which is at a critical stage where submissions on effectiveness have been made on July 21 and on-site visit is scheduled to be conducted in November. At such a critical juncture, it is essential to have an individual who is well acquainted with the overall status of money laundering investigation and proceedings across the country and also intricacies of the procedures, operations and activities of the agency, at the helm of affairs at the Enforcement Directorate,” the Centre said in its application.

“This is necessary to ensure the assessment team can be promptly and ably assisted with necessary reports, information, statistics etc. Any transition in leadership at the ED at this stage would significantly impair the ability of the agency to provide necessary assistance to and cooperation with the assessment team and thereby adversely impact India’s national interest,” it said.

While terming the two extensions given to Mishra — first in 2021 and then in 2022 — as not “valid in law” as they violated the apex court’s September 2021 order directing the government not to extend his tenure further, the court had on July 11 upheld the amendment to the Central Vigilance Commission Act and Delhi Special Police Establishment Act, which have empowered the government to grant up to three extensions of one year each to CBI and ED directors beyond the fixed minimum tenure of two years.