SC allows Centre's plea to continue ED Director Sanjay K Mishra till Sept 15 for FATF review exercise

Updated: Jul 27th, 2023

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The Supreme Court today in its order allowed the Centre's plea and directed that the ED director Sanjay K Mishra will continue to hold the post Sept 15 for Financial Action Task Force (FATF) review exercise.

The Apex Court, however, said that no further extension (of Sanjay K Mishra) would be granted on any circumstance after that, adding that Mishra shall cease to be the director of the ED from midnight of Sept 15-16.

Union of India (UOI) had approached the Supreme Court yesterday seeking a direction of extension of tenure of ED director, Sanjay Kumar Mishra till Oct 15 on the ground to help India maintain its favourable rating by FATF, which is key to country's ability to maintain its financial capability status in the world. 

During the course of the hearing today, the Apex Court bench, headed by Justice B R Gavai, asked the Solicitor General (SG) Tushar Mehta if there's only one competent person in the entire department. 

"Are you not giving a picture that your entire department is full on incompetent people except one?" Justice Gavai asked the SG Mehta, who was pleading to extend the tenure of Mr Mishra till Oct 15.

Dr Abhishek Manu Singhvi, senior lawyer for one of the petitioners, said that this is like saying heavens will fall if the court does not do it. There is no reason to do this. It sends the wrong message that ED is again and again. There is a third judgment of this court now. Look at the overall picture and stand of union with respect to this is deplorable.

Another lawyer Anup George Chaudhay, for petitioner, said that let us not make the ED director like a constitutional figurehead.

The Supreme Court in its order had on July 11 quashed the order of granting third extension to ED director Sanjay Kumar Mishra, and ordered him time, till July 31, to relinquish office.

The Apex Court bench, headed by Justice B R Gavai passed the order on a batch of petitions, including those filed by Congress leaders Randeep Singh Surjewala and Jaya Thakur and TMC's Mahua Moitra and Saket Gokhale.

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