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Synopsis

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

A bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli has listed the matter for hearing on August 2, 2022, due to the non-availability of counsel for the Central Government today.

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.

Additionally, Advocate Manohar Lal Sharma, one of the petitioners, raised the issue pertaining to the determination of the lead petitioner. He 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 said 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 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 have submitted that the Central Government is using the Enforcement Agencies against the Indian National Congress Party's president and their office bearer.

Furthermore, these stated that the investigation is going on for the last ten years with an intention to damage the image and reputation of their opponent. The above acts are against democratic features, some of the petitioners have claimed. 

"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