Dept full of incompetent people? asks SC as top court extends ED chief Sanjay Mishra's tenure till Sept 15

The Supreme Court on Thursday permitted an extension of Enforcement Directorate (ED) chief Sanjay Kumar Mishra’s tenure till September 15 in lieu of “national interest" but made it clear there will be no further extension. The Centre requested on Wednesday that Mishra's case be postponed until October 15 on the grounds that his absence during the current Financial Action Task Force (FATF) assessment would be detrimental to India's national interests.

The extension was granted in the "larger public and national interest," according to a panel of Justices BR Gavai, Vikram Nath, and Sanjay Karol, however Mishra will no longer serve as director of the ED as of September 15 at midnight. Earlier, the Supreme Court had declared the several extensions given to Mishra to be "illegal".

The highest court questioned the Central government during the hearing today, asking whether the department was "full of incompetent people" other than the current chief and why they were asking for an extension. The court questioned Solicitor General Tushar Mehta, who was representing the Centre, saying, "Are we not portraying an image that there is no other person and the entire department is full of inept people?

In light of the FATF peer review, whose rating is important, the senior law officer stated that the ED leadership must remain stable. Despite Mishra's "not indispensable" status, Mehta said that the peer review process would not be possible without him.

"Some neighbouring countries want India to fall into FATF's 'grey list,' so the ED chief's continuity is necessary," Additional Solicitor General SV Raju said when speaking on behalf of the ED. The Centre had previously emphasised that Mishra, 63, has been working on document preparation and other requirements for mutual evaluation since the start of the year 2020. As a result, his continued participation in this challenging and delicate process at this "critical stage" is crucial. The FATF is a multinational organisation that directs efforts to combat money laundering and the funding of terrorism.

The 1984-batch IRS officer was otherwise to remain in office till November 18, 2023, according to the notification issued by the government.