Third extension is 'illegal', rules Supreme Court on Enforcement Directorate chief's term

The Supreme Court ruled on Tuesday that the extension of the chief of the Enforcement Directorate (ED) is invalid. According to the court, Sanjay Mishra can continue to lead the ED till July 31.  The Centre must appoint a new chief for the probe agency after that, the court said. However, the Supreme Court upheld the changes to the DSPE and CVC Act, allowing the Centre to prolong the terms of a CBI director and an ED director by up to three years beyond their required two-year terms.

Mishra got an extension of one year last in November 2022. His tenure as ED Director was to expire in November this year.

The Supreme Court questioned the government in May of this year, asking if there was no competent individual in the entire agency in light of the Centre's decision to award Sanjay Kumar Mishra, director of the Enforcement Directorate (ED), a third extension.

"Is there no competent person in the entire agency and can one person be so indispensable?" the Supreme Court questioned Solicitor General Tushar Mehta, speaking on behalf of the Centre.

Mehta was asked by the bench, which also included justices Vikram Nath and Sanjay Karol, "What will happen to the agency post-2023 when he does retire?"

Sanjay Mishra, an Indian Revenue Service (IRS) officer, is in his fifth year as the ED director, the maximum on a post for any bureaucrat as even the maximum term that any cabinet secretary has had so far is four years. 

Mishra was appointed the Enforcement Directorate's chief in November 2018. He was to retire two years later after turning 60. But in November 2020, the government gave him an extension. His term was extended twice after that.

Strong criticism of Mishra's continual extensions came from the opposition, which charges the ruling party with turning the CBI and Enforcement Directorate into weapons to hunt out political foes.