[ED Director's tenure extension] Petitions have been filed with political motive by those being investigated by ED: Centre tells Top Court

In a batch of pleas challenging the extension of the tenure of the Enforcement Directorate Director and the applicability of the Central Vigilance Commission (Amendment) Act, 2021, the Central Government has informed the Supreme Court that the petitions are clearly motivated by an oblique personal interest.

Arguing that eminent leaders of various political parties like the Indian National Congress and Trinamool Congress, whose members have challenged the Amendments Act of 2021, are under investigation of the Directorate, the affidavit states,

"It is apparent that the subject petitions are filed for and on behalf of such leaders of political parties of the petitioners and to ensure that the Enforcement Directorate does not and cannot discharge its duties fearlessly. There is a manifest political interest in filing the above writ petitions, which is apparent. It clearly appears that to achieve such political advantage the petitioners are camouflaged as Public Interest Litigation...".

Filed through Sandeep Gehlot, an authorised officer of the respondent authorities, the affidavit submits that issue of such extension of service is a purely service matter for which no PIL lies and the writ petition under Article 32 is not maintainable as no breach of any Fundamental Right under Part III is made out.

"Other than some vague references to violation of Article 14. the Petitioner has failed to substantiate how any of her Fundamental Rights have been violated", the affidavit reads.

On August 2nd, the Supreme Court had 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 had issued notice to the Central Government and listed the matter for hearing after 10 days.

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 November 2021, the Centre had brought in ordinances to extend the tenures of the Chiefs of Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) for up to 5 years.

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.

Case Title: Mahua Moitra vs. Union of India and Ors.