Read Time: 06 minutes

Synopsis

The Supreme Court on Tuesday issued notice on a batch of petitions challenging the Central Government's order extending the tenure of Enforcement Directorate Director, Sanjay Kumar Mishra.

A bench of Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli issued notice to the Central Government and listed the matter for hearing after 10 days.

The bench was hearing a batch of petitions challenging the extension of the tenure of the Enforcement Directorate Director and the applicability of the Central Vigilance Commission (Amendment) Act 2021 alleging that the said order, as well as the Act, are contrary to the judgment passed by the top Court in the Common Cause case.

Advocate ML Sharma, one of the petitioners appearing in person submitted that an ordinance cannot be issued to change the provision of the Constitution. Lok Sabha and Rajya Sabha cannot pass a bill in violation of Article 100 of the Constitution of India, he said.

Senior Advocate Abhishek Manu Singhvi, appearing for another petitioner, submitted that as per the judgment of the top court in the Common Cause matter, Mishra's tenure cannot be extended further.

Senior Advocate Gopal Sankaranarayanan, appearing for a petitioner, submitted that initially the Director was appointed for 2 years and then later under an ordinance the tenure was extended.

Earlier, Sharma had raised the issue pertaining to the determination of the lead petitioner. He had raised the issue stating that he filed his plea in 2021, whereas, the current lead petitioner (Congress leader Dr. Jaya Thakur) filed the plea in 2022.

To which, CJI Ramana had remarked that a counsel should not object to such small issues and all the parties in the matter will be heard. However, Sharma did not agree with the statement and stood along with his objection.

Later, the bench had directed the registry to identify and file a list of matters filed in this regard along with their filing dates.

It may be noted that there are 8 petitions filed by several petitioners including Congress leader Dr Jaya Thakur, Saket Gokhale, Congress leader Randeep Singh Surjewala, Krishan Chander Singh, Trinamool Congress MP Mahua Moitra, Vineet Narain, and Advocate Manohar Lal Sharma in this regard.

The apex court in its earlier judgment had noted, "Though we have upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of two years, we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases."

The petitions claimed that the Central Government is using the Enforcement Agencies against the Indian National Congress Party's president and their office bearer.

"In a democracy, the citizens legitimately expect that the Government of the day would treat the public interest as the primary one and any other interest secondary. The 'maxim Salus Populi Suproma Lex', has not only to be kept in view but also has to be revered," one of the pleas stated.

Case Title: Dr Jaya Thakur Vs. Union of India & Ors