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Trinamool Congress MP Mahua Moitra has moved the Supreme Court against the centre's ordinances to extend the tenure of the directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

The MP tweeted on Wednesday:

“Top court specifically said Mishra tenure cannot be extended. Yet Nov 14th ordinance used on Nov 17th to extend yet again.”

Moitra is referring to the Apex Court decision in September this year in Common Cause (A Registered Society) v. Union of India and others wherein the Court had expressly barred any further extension of ED Director Sanjay Kumar Mishra's tenure. The judgement came on a plea filed by NGO Common Cause challenging retrospective change in the 2018 appointment order of Mishra as Director of the ED.

The plea filed by the MP states that the Centre's ordinances "attack independence and impartiality of CBI and ED" and give the Centre "unfettered discretion to pick and choose those Directors for the purposes of extension of tenure who act in line with the Government's preferences." 

It further states that the Ordinances "allow the Central Government to effectively control an incumbent ED Director or CBI Director by wielding the power to extend the tenures of these Directors in 'public interest', and are violative of principles of fair investigation and fair trial as enshrined under Right to Equality and Right to Life in the Constitution. 

The government amended the Fundamental Rules, 1922 to bring them in consonance with Central Vigilance Commission Act and the Delhi Special Police Establishment Act. The amendments extend the tenure of the CBI and ED Chiefs for a maximum period of 5 years including a 2-year fixed term that may be extended “in public interest” by a 3-year term.