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Synopsis

Congress leader Dr Jaya Thakur has moved Supreme Court seeking direction to quash the Central Government's order extending the tenure of Enforcement Directorate Director, Sanjay Kumar Mishra.

The matter was mentioned before a bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli today and, the bench has directed the matter to be listed next week.

The plea has further challenged the applicability of the Central Vigilance Commission (Amendment) Act 2021 because the said order, as well as the act, are contrary to the Judgment passed by the top Court in the Common Cause case.

Advocate Prashant Bhushan while mentioning the matter submitted that the Court in its judgement in the Common Cause matter had upheld the extension of tenure and had clarified that no further extension will be granted.

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."

Thakur's plea submits that the Central Government is using the Enforcement Agencies against the Indian National Congress Party's president and their office bearer.

Furthermore, it states 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 the democratic features.

"In a democracy, the citizens legitimately expect that the Government of the day would treat the public interest as 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," the plea adds.

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