SC issues notice to Centre on pleas challenging Centre extension of ED Director tenure

New Delhi [India], August 2 : The Supreme Court on Tuesday issued notice to the Centre on pleas challenging the Central government's order of extending the term of Enforcement Directorate (ED) Director Sanjay Kumar Mishra by one more year.
A bench headed by Chief Justice of India NV Ramana issued the notice to the centre on various pleas challenging the govt decision and listed the matter after 10 days.
Advocate ML Sharma, petitioner in the matter submitted before the Supreme Court that the Government cannot issue an ordinance to change the provision of the Constitution and neither Lok Sabha nor Rajya Sabha has passed this.
Senior Advocate AM Singhvi raised the question that under what provision of the law was ED constituted.
Various petitions were filed in this matter. One of the petitions was filed by social activist and General Secretary of the Madhya Pradesh Mahila Congress Committee Jaya Thakur has 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 No.1 (Centre) using the Enforcement Agencies against the Indian National Congress Party's president and their office bearer. The investigation is going on from 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 a democracy," the petitioner said adding that ultimately opposition voice is common men voice if they 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 from the last ten years only 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 of 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.
Hence petitioner has sought to quash the order dated November 17 2021 passed by the Respondent Centre for further extension of tenure Sanjay Kumar Mishra and to quash "The Central Vigilance Commission (Amendment) Act, 2021.
According to the petition, the Supreme Court on September 8, 2021, had passed the specific order that no further extension shall be granted.
On September 8, 2021, the Supreme Court upheld the Central government's decision to retrospectively extend the tenure of Sanjay Kumar Mishra as the Director of the Enforcement Directorate (ED) but said that no further extension be granted to him.