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Centre Moves SC Seeking Extension of ED Chief's Term, Hearing Tomorrow

ED chief SK Mishra’s tenure was slated to come to an end on 31 July.

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The Supreme Court is slated to hear the Centre’s plea on Thursday, 27 July after the latter moved the court on Wednesday seeking an extension of the term of Enforcement Directorate (ED) chief SK Mishra.

Mishra’s tenure was slated to come to an end on Monday, 31 July, in accordance with a Supreme Court judgment from earlier this month.

As per ANI, the Centre has sought the extension till 15 October in view of the ongoing FATF review.

“I am circulating one miscellaneous application,” Livelaw quoted Solicitor General Tushar Mehta telling a bench headed by Justice BR Gavai on Wednesday. The Solicitor General was appearing for the Centre. 

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What Had the SC Judgment Said?

On 11 July, the top court ruled that the extension granted to the Enforcement Directorate (ED) chief Sanjay Kumar Mishra is illegal since it violated the top court's 2021 judgment in the Common Cause case.

In that ruling, the top court had held that Mishra cannot be given an extension beyond November 2021.

"Although the basis of a judgment can be taken away, the legislature cannot annul the specific mandamus that barred further extension...That would amount to sitting in appeal over judicial act", the bench said.

The court, however, has allowed him to continue till 31 July, taking into consideration the FATF review.

(With inputs from ANI and Livelaw.)

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