Pleas against ED Director's extension: SC appoints KV Viswanathan as amicus curiae
Sep 05, 2022
New Delhi [India], September 5 : The Supreme Court on Monday appointed Senior Advocate KV Vishwanathan as amicus curiae to assist the court in the plea challenging the Central government's decision of extending the term of the ED Director Sanjay Kumar Mishra by one more year.
A bench headed by Chief Justice UU Lalit listed the matter for September 19 for further hearing.
During the hearing Solicitor General Tushar Mehta said that the petition was not bonafide and a pressure tactic.
Various petitions were filed in this matter. A petition filed by social activist and General Secretary of the Madhya Pradesh Mahila Congress Committee Jaya Thakur sought quashing of order dated November 2021 passed by the Centre for further extension of tenure of Sanjay Kumar Mishra as director of the Enforcement Directorate. The petition was filed through Varinder Kumar Sharma and Varun Thakur.
"Presently respondent number one (Centre) using the Enforcement Agencies against the Indian National Congress Party's president and their office bearer. The investigation is going on for the last ten years with an intention to damage the image and reputation of their opponent," the plea said.
The petitioner said that the acts are against democratic features.
"In the whole world, there are no agencies to search for upto 10 years. There is some litigation for the conclusion. There is no FIR. In fact, agencies called and investigate without the presence of his advocate. Therefore, the above-said act clearly shows that respondents misusing for political vendetta and harassing the opposition voice which is necessary for democracy," the petitioner said.
Adding further petitioner said that ultimately opposition voice is the common man's voice, if they are harassed by misusing the agencies, then there is no opposition voice for the common man.
"Using the agencies and harassing the opposition leaders is against democracy. In fact, Supreme Court also created the special court for speedy trial of cases related to the Public representative, but for the last ten years only, the investigation is going on without any accountability, damaging the image of the opposite party, which is an irreparable loss to the democratic structure," the plea said.
The petitioner said that there are several competent officers who are eligible for consideration for appointment to the post of Director of Enforcement and they should not be deprived of the opportunity to be appointed in accordance with the procedure prescribed under the CVC Act.
"The nature of duties exercised by the Director of Enforcement would involve supervision of very important investigations. Under the guise of pendency of investigations into matters which have cross-border ramifications, the tenure of the Director of Enforcement cannot be extended periodically," the petitioner said.
