Extension row

POINTING out a major lapse on the part of the Union government, the Supreme Court has held that the back-to-back extensions granted to Enforcement Directorate (ED) chief Sanjay Kumar Mishra in 2021 and 2022 were both illegal and invalid. It was in May that the court had rapped the government for granting a third extension to Mishra, while wondering what made the officer ‘so indispensable’. Justifying its move, the Centre had claimed that his continuation was vital in view of the peer review being conducted by the Financial Action Task Force later this year. The government chose to retain Mishra at the helm even though the apex court had issued a mandamus that no further extension shall be granted to him.

The ruling is expected to put an end to arbitrariness and lack of transparency in the grant of extensions to the directors of the ED and the CBI. The SC Bench has made it clear that ‘it is not at the sweet will of the government that the extensions can be granted to the incumbents…’ It can be done only on the basis of the recommendations of the appointment committee concerned. Public interest has to be the all-important factor for the panel while deciding to recommend an officer’s extension.

The saving grace for the Centre is that the SC has upheld the validity of two Central laws and the corresponding rules that provide for a maximum tenure of five years for the directors of the ED and the CBI. The credibility of these premier probe agencies has repeatedly been dented by the Opposition’s allegations that the Centre is misusing them to settle political scores. The row over the appointment or extension of officers has only made matters worse. The onus is now on the Centre to implement the laws and rules in earnest so as to ensure efficient and controversy-free functioning of both agencies.