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Mar 24, 2023

Piecemeal Extensions to CBI, ED Chiefs Will Damage Agencies' Independence: Amicus Curiae

The Supreme Court orally said that it was not concerned with the affiliations or locus standi of the petitioners – who are members of opposition parties – and would adjudicate the case based on merits and law.
Sanjay Kumar Mishra. Photo: Twitter/IRS Association

New Delhi: The amicus curiae assisting the Supreme Court in the challenge to the extension granted to Enforcement Directorate director Sanjay Kumar Mishra has told the court that such piecemeal extensions from the Union government to the heads of the ED or Central Bureau of Investigation will damage the independence and integrity of these agencies.

Amicus curiae and senior advocate K.V. Viswanathan told a bench of Justices B.R. Gavai, Vikram Nath and Sanjay Karol on Thursday (March 23) that the case is not this particular government or one particular officer, but the larger issue about how investigating agencies should not be influenced and must conduct their probes independently.

“Expectation of an extension of tenure will result in favouritism. Nobody should be seen or perceived to be seen that he will compromise towards the end of his tenure to get an extension,” Viswanathan said. “This case is not about a particular officer and neither about any government. A government which is in power may be in opposition tomorrow. But no government should be allowed to misuse this provision.”

Last month, Vishwanathan had told the court that Mishra’s extension was illegal.

The same day, the Supreme Court orally said that it was not concerned with the affiliations or locus standi of the petitioners – who are members of opposition parties – and would adjudicate the case based on merits and law. Solicitor General Tushar Mehta had earlier argued that the petitioners were not affected parties and so could not challenge the extension.

Mishra, 62, was first appointed the director of the ED for two years on November 19, 2018. Later, by an order dated November 13, 2020, the Union government modified the appointment letter retrospectively and his two-year term was changed to three years. Then in an official order, the Union government gave a fresh one-year extension to Mishra – his third extension. The notification issued by the government said the 1984 batch IRS officer will be in office till November 18, 2023.

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