Supreme Court issues notice on Central government plea to modify judgment on tenure limit of ED Director

The Supreme Court on Thursday sought the response of NGO Common Cause on a plea by Central government seeking modification of the top court's September 2021 judgment which had barred grant of further extension to Director of Enforcement Directorate (ED). .A Bench of Justices BR Gavai and BV Nagarathna issued the notice to NGO Common Cause, which was accepted by advocate Prashant Bhushan."Issue notice, returnable on 07.11.2022. Mr. Prashant Bhushan, learned counsel appearing for the respondent waives and accepts notice," the Court said..The top court in its verdict in September last year had ruled against further extensions to current ED Director, Sanjay Kumar Mishra.The Court in that judgment had held that the Central government has powers to make retrospective changes to the appointment of ED Director but it should be done only in the rarest of rare cases."Though we have upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of two years, we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases," the Court had said.Reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the Central Vigilance Commission Act, the Court had further ruled.Specifically with regard to Mishra's tenure, the Court had affirmed the retrospective revisions to Mishra's appointment order, increasing his term from two to three years.However, it had said that no further extensions can be granted.After the Supreme Court's decision last year, the Central government brought in an ordinance amending the Central Vigilance Commission (CVC) Act, empowering itself to extend the tenure of the ED Director up to five years. This is currently under challenge before the top court by way of at least eight petitions.The Centre then chose to move the present plea for modification of the court verdict. Mishra was first appointed as the ED Director for a two-year term in November 2018. The two-year term expired in November 2020. In May 2020, he had reached the retirement age of 60.However, on November 13, 2020, the Central Government issued an office order stating that the President had modified the 2018 order to the effect that a time of 'two years' was changed to a period of 'three years.' This was challenged at the Supreme Court by the NGO Common Cause.This led to the September 2021 judgment. Subsequently, the Centre amended the CVC Act. .[Read Order]