Manish Tewari calls ordinance to extend tenure of CBI, ED chiefs 'illegal', says all parties should jointly move SC

New Delhi [India], November 15 : Former Union Minister and Congress MP Manish Tewari slammed the Centre on Monday for extending the tenure of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) chiefs up to five years.
Speaking to ANI, Tewari said that, "It's an illegal ordinance. It contradicts the Supreme Court's 1998 Jain Havala case verdict in which the court announced CBI, ED director's tenure for two years so that the government at the Centre doesn't force the two agencies into any wrongdoing. This ordinance is a message to officers that if we (Centre) have appointed you and if you keep working as per our orders, keep harassing the Opposition, your tenure will be increased year after year. All parties should approach the Supreme Court jointly in this regard."
Tewari further said that it is a clear attempt to save an officer by the Central government as the Court had earlier said that the tenure of the current ED director cannot be exceeded beyond November 21, 2021. "Just days ahead of that, this government has come up with the ordinance by surpassing the legislature. The upcoming session of the Parliament is likely to be held in the next 15 days. What was the need for this step? We will oppose this in the upcoming session," he said.
The Centre on Sunday moved an ordinance that extends the tenure of the Enforcement Directorate director and Central Bureau of Investigation (CBI) director to five years. At present, the Director of CBI and ED have been appointed for two-year tenure in office by the Central Vigilance Commission (CVC) Act, 2003.
President Ram Nath Kovind has given his assent to the ordinance.
The central government is expected to table a law in Parliament to replace the same.
The order reads that "whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action."
It further stated, "Provided that the period for which the Director holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to be recorded in writing, be extended up to one year at a time: Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment."
"Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under clause(a) and for the reasons to be recorded in writing, be extended up to one year at a time: Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment," the order read.