SC quashes extension of ED director SK Mishra's term

New Delhi: The Supreme Court on Tuesday held as illegal the extension given to the term of Enforcement Directorate chief Sanjay Kumar Mishra for violating the mandate of its 2021 judgment in the Common Cause case that he should not be given further extension.

However, the apex court allowed him to continue in his post till July 31, taking into consideration the concerns expressed by the Centre regarding the smooth transfer of power.

The Court also upheld the amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act which allow the Centre to extend the term of the heads of ED and CBI up to five years. "Extension can be granted to high-level officials in the public interest and with reasons in writing," the court said.

A three-judge bench of Justices B R Gavai, Vikram Nath, and Sanjay Karol gave the ruling while hearing a batch of petitions challenging Mishra’s appointment as well the recent amendment to the Central Vigilance Commission Act.

Noting that the scope of judicial review over legislation is very limited and that the appointments of these officers are made by a high-level committee, the Court upheld these amendments, opining that there are sufficient safeguards.

(With Live Law inputs)