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After Trinamool Congress MP Mahua Moitra, Indian National Congress leader Randeep Singh Surjewala has approached the Supreme Court challenging the Centre's ordinances to extend the tenure of the Directors of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) up to 5 years.

The Centre has brought in ordinances to extend the tenures of the Chiefs of Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) after amending the Fundamental Rules, 1922 to bring them in consonance with Central Vigilance Commission Act and the Delhi Special Police Establishment Act.

Filed through Advocate Abishek Jebaraj, the plea challenges the Central Vigilance Commission (Amendment) Ordinance, 2021 and the Delhi Special Police Establishment (Amendment) Ordinance, 2021 dated dated November 14, 2021 along with the Corrigendum dated November 15, 2021; Notification No. G.S.R. 795(E) dated November 15, 2021 titled Fundamental (Amendment) Rules, 2021 issued by the Ministry of Personnel, Public Grievances and Pensions.

"The impugned ordinance empowers the Government of India to provide piecemeal extensions (of one year each), following the conclusion of the fixed terms provided in their respective statutes, to the tenures of the Director of Enforcement and the Director, Central Bureau of Investigation (CBI)", states the plea.

The writ petitioner claims that there are no criteria provided in the ordinance save for a vague reference to ‘public interest’ and is in fact, based on the subjective satisfaction of the Respondents.

"This has the direct and clear impact of eroding the independence of the investigative bodies in question," the plea avers.

Filed under Article 32, the petition submits that the Impugned Ordinances and Notification are in the teeth of the express principles and safeguards laid down by the Supreme Court in Vineet Narain v. Union of India (1998) 1 SCC 226, Alok K. Verma v. Union of India & Ors. (2019) 3 SCC 1, Common Cause v. Union of India and Ors. 2021 SCC OnLine SC 687. 

It is further the case of the petitioner that the impugned ordinances have been designed to defeat a particular judicial pronouncement and reveal a clear abuse of power by the respondents and also a flagrant contravention of the observations of the Supreme Court.

Further more, Surjewala has alleged the the Impugned Ordinances and Notification appear to have been brazenly timed so as to extend the tenure of the incumbent Director, ED, which was extended on November 17 in contravention of the specific observations of the top court in Common Cause v. Union of India and Ors. [2021 SCC OnLine SC 687] at para 23:

"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...... Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period. We do not intend to interfere with the extension of tenure of the second Respondent in the instant case for the reason that his tenure is coming to an end in November, 2021. We make it clear that no further extension shall be granted to the second Respondent.”

In this background the plea further avers,

"This hurried rush, of promulgating the Ordinances three days before the retirement of the incumbent Director ED, is only intended to allow the Government to extend the term of the said Director ED which comes to an end on November 17th, 2021. This amounts to a clear abuse of power by way of Ordinance."

Coupled with the fact that the Ordinances completely undo the safeguards that ensured fixity of tenure and place the official at the mercy and caprices of the executive, the petition states that the Ordinances are ill-concealed attempts at consolidating central control over the Directors of these investigative agencies. 

On a similar note, Trinamool Congress MP Mahua Moitra had also moved the Supreme Court earlier, against the centre's ordinances to extend the tenure of the Directors of CBI and ED.

The MP had tweeted on Wednesday:

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

Cause Title: Randeep Singh SurjewalaRANDEEP vs Union of India & Ors.