Supreme Court Allows ED Director SK Mishra To Continue Till September 15

In the interest of the public, the Supreme Court has provided relief to the Union government, permitting Sanjay Kumar Mishra, the Enforcement Directorate (ED) chief, to remain in his position until September 15. This decision was made following the Centre's appeal to extend Mishra's tenure as ED director until October 15, instead of the initial deadline of July 31. However, the court emphasized that there would be no further extension beyond September 15-16.

The government argued that Mishra's continuation was crucial for a positive review by the Financial Action Task Force (FATF), which assesses India's compliance with international protocols against money laundering and financial terrorism.

During the hearing, Justice BR Gavai questioned the government, suggesting that relying too heavily on one individual might convey an impression of incompetence within the department. Solicitor General Tushar Mehta responded that while no one is indispensable, continuity in Mishra's position would be beneficial for the country during the FATF review.

The government's lawyers contended that removing Mishra as ED director would damage his reputation and negatively impact India's image. 

Earlier this month, the bench led by Justice Gavai invalidated the government's decision to grant two tenure extensions to Mishra in 2021 and 2022, deeming them "illegal." As a result, Mishra was given time until July 31 to step down from his position. The court held that no further extensions should have been given to him after a previous court order.

Various petitions challenged Mishra's extension, relying on the September 2021 court order. The individuals who filed the petitions consisted of Congress leaders Randeep Singh Surjewala, Jaya Thakur, Trinamool Congress MP Mahua Moitra, and several others.

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