The Supreme Court on Tuesday, 11 July, ruled that the extension granted to the Enforcement Directorate (ED) Director 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.
The apex court has been hearing pleas challenging the amended law that allowed the extension of up to five years for the director of the Enforcement Directorate (ED).
Yes, But: In its judgment, the Court, acknowledging the limited scope of judicial review regarding legislation and considering the appointments of these officers being made by a high-level committee, upheld the amendments to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act.
These amendments empower the Center to extend the tenure of the heads of ED and CBI for a maximum of 5 years. The Court expressed its opinion that there exist adequate safeguards in place. It stated that extensions can be granted to senior officials in the interest of the public, accompanied by written reasons.
In a significant development on 27 February this year, the amicus curiae (the lawyer assisting the court in deciding the case) had called the extension ‘illegal.’
“The extensions are illegal and contrary to the line of judgments. It is not about the incumbent at all but the principle behind such extensions,” then Senior Advocate KV Vishwanathan had pointed out to a bench of Justices Justices BR Gavai and Aravind Kumar, according to LiveLaw.