As the opposition parties hailed the Supreme Court decision declaring the third extension of Enforcement Directorate (ED) chief Sanjay Kumar Mishra’s tenure as illegal, Union Home Minister Amit Shah has called the parties “delusional”.
Taking to Twitter, Amit Shah said that the federal agency will ‘continue’ to strike at those who are corrupt and on the wrong side of the law remain the same. “Those rejoicing over the Hon’ble SC decision on the ED case are delusional for various reasons. The amendments to the Central Vigilance Commission Act, which were duly passed by the Parliament, have been upheld. Powers of the ED to strike at those who are corrupt and on the wrong side of the law remain the same,” Shah said.
Amit Shah further said that ED Director does not hold very much importance as the agency will take note of the rampant corruption.
“ED is an institution which rises beyond any one individual and is focused on achieving its core objective – i.e. to investigate offences of money laundering and violations of foreign exchange laws. Thus, who the ED director is – that is not important because whoever assumes this role will take note of the rampant corruption of a cozy club of entitled dynasts who have an anti-development mindset,” he added.
The Supreme Court on July 11 held that the extension of the tenure of ED Director Sanjay Kumar Mishra was illegal and he would continue to serve in the post till July 31.
However, it rejected the plea to the extent of challenging the amendments to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act (DSPEA).
The court made it clear that it rejects the plea to the extent of challenging the amendments to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act.
“The challenge to Central Vigilance Commission (Amendment) Act, 2021 and the Delhi Special Police Establishment (Amendment) Act, 2021 as well as to the fundamental (Amendment) Rules, 2021 is rejected and the writ petitions are dismissed to that extent,” the court said.
The court said that the legislature is competent enough to make law but cannot annul the specific mandamus that barred further extension.
The top court said that it had specifically issued a mandamus that no further extension shall be granted to the second respondent Mishra. The Union of India and the respondent Mishra were both parties in that proceedings.
Solicitor General Tushar Mehta, appearing for Centre, had apprised the Court that SK Mishra is not the director general of police but he represents the country internationally and hence parliament has taken a conscious call.
The court was hearing petitions challenging the Centre decision dated November 17, 2022, whereby the government has extended the third tenure of director of Enforcement Directorate SK Mishra.
Speaking on the apex court verdict, Congress leader KC Venugopal said that “it is a slap on Government”. On the other hand, Congress leader Randeep Surjewala said, “This is a big win of justice and truth.”
“We have always said that PM has misused agencies like ED against political opponents. The way ED harassed the opposition, democracy has weakened. All this has been proved today,’ the Congress leader said.
Delhi Minister Saurabh Bhardwaj called it a “setback” for the Government.
Earlier, the Centre on May 8 told the Supreme Court that the third extension of service granted to Enforcement Directorate (ED) director, Sanjay Kumar Mishra, was due to a peer review being conducted by the Financial Action Task Force (FATF) this year and that tenure will end in November this year.
The top court bench comprising Justices B R Gavai, Vikram Nath and Sanjay Karol was hearing a batch of petitions challenging the extensions granted to Sanjay Kumar Mishra. Sanjay Kumar Mishra is an Indian Revenue Service (IRS) officer of the 1984 batch.
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