On the evening of the 11th of July, the Supreme Court remarked that the extended tenure of Enforcement Directorate (ED) Chief Sanjay Kumar Mishra was “illegal.” On account of this partial judgment, the opposition was quick to target the Modi government. However, Union Home Minister Amit Shah has hit out at the ‘elite club’ who were rejoicing after the Supreme Court’s verdict in connection to ED.
Taking to Twitter, Shah said that those who are rejoicing over the Hon’ble SC’s decision on the ED case are delusional. He highlighted that the apex court, in the same judgment delivered today, upheld the amendments to the Central Vigilance Commission (CVC) act which were duly passed by the Parliament.
Further, Home Minister argued that ED doesn’t depend on any one individual. Instead, ED as an institution focuses on achieving its core objective, which is to investigate offenses of money laundering and violations of foreign exchange laws.
He also warned that the new ED director will take note of all those who have an “anti-development” mindset and have been indulgent in rampant corruption.
Shah said, “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.”
Those rejoicing over the Hon'ble SC decision on the ED case are delusional for various reasons:
— Amit Shah (@AmitShah) July 11, 2023
The amendments to the CVC 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…
The opposition leaders rejoiced after SC verdict
Earlier in the day, several opposition leaders including one of the petitioners Randeep Singh Surjewala targeted the Modi government. He claimed that the Supreme Court striking down the extension of tenure of ED Chief SK Mishra is a victory of “justice and truth”.
Highlighting the excerpt of the SC verdict in this matter, he alleged that ED has lost its credibility. The Congress leader went ahead and asked should not PM Modi’s responsibility be fixed for this.
On a Petition instituted by me, the Supreme Court today pronounced its judgment striking down the extensions given to the ED Chief as illegal. ED Director will have to vacate office by the end of the month.
— Randeep Singh Surjewala (@rssurjewala) July 11, 2023
This is a victory of justice. This is a vindication of our stand on… pic.twitter.com/XTLCO7RdxW
Congress General Secretary KC Venugopal stated that this is a failure on the part of the government and that the verdict is a “slap on the government’s face.”
#WATCH | On Supreme Court verdict that the extension of tenure of ED Director Sanjay Kumar Mishra is illegal, Congress General Secretary KC Venugopal, says "This is a slap on the government's face. The motive to give an extension has been questioned by the Supreme Court verdict" pic.twitter.com/MYt2UEEobR
— ANI (@ANI) July 11, 2023
AAP leader Saurabh Bharadwaj also termed it a major setback for the Modi government.
#WATCH | On Supreme Court verdict that the extension of tenure of ED Director Sanjay Kumar Mishra is illegal, Delhi Minister Saurabh Bhardwaj says "This is a big setback for the government. The motive to give an extension has been questioned by the SC verdict" pic.twitter.com/bRl0zoZEWw
— ANI (@ANI) July 11, 2023
Former General Secretary INC BK Hariprasad claimed that the Supreme Court’s verdict proves that officials are being retained just to target the opposition & scare them.
SC terms third extension granted to ED chief Sanjay Mishra as illegal & curtailed his extended tenure
— Hariprasad.B.K. (@HariprasadBK2) July 11, 2023
This proves officials are being retained just to target opposition & scare them
All actions of Sanjay Mishra of targeting only oppn leaders in his tenure should be reviewed
UBT Rajya Sabha MP Priyanka Chaturvedi claimed that those illegally extended tenure had created an environment of terror and character assassination.
Excellent decision by the Hon. SC. Slap on the face of those who were misusing authority and through illegal tenure extensions had created an environment of terror and character assassination. https://t.co/y9CHZBmWrt
— Priyanka Chaturvedi🇮🇳 (@priyankac19) July 11, 2023
The Supreme Court verdict on ED chief SK Mishra’s tenure extension
On the 11th of July, the Supreme Court delivered the verdict on a batch of petitions that had challenged ED Chief SK Mishra’s appointment as well as the recent amendment made to the Central Vigilance Commission (CVC) Act.
The petitioners, in this case, included notable political leaders like Congress leaders Jaya Thakur, Randeep Singh Surjewala, Trinamool Congress MP Mahua Moitra, and party spokesperson Saket Gokhale. Earlier, the three-judge bench had reserved its judgment in May, this year.
The bench held that the amendments made to the CVC were legally valid. However, the court pronounced that the extensions given to SK Mishra after Supreme Court’s earlier verdict was “illegal in law”.
Justice Gavai remarked that while the legislature (Parliament and assemblies) can make laws to do away with the basis of some judgments but it can’t undo specifically barred extensions as that would be equivalent to an appeal against the judicial act.
Justice Gavai said, “Although the basis of a judgment can be taken away, the legislature cannot annul the specific mandamus that barred further extension…That would amount to sitting in appeal over judicial act.”
Justice BR Gavai: we have held though legislature is competent to take away basis of judgment it cannot annul the mandamus.. in common cause there was a specific mandamus and it was directed that there should be no further extension… thus extensions gave after verdict was…
— Bar & Bench (@barandbench) July 11, 2023
As per the Supreme Court verdict, the orders dated 17th of November, 2021 and 17th of November, 2022 which extended the tenure of SK Mishra as ED Chief for a period of one year each were termed illegal.
However, on the second batch of petitions, the Supreme Court upheld the amendments made to the CVC Act and the Delhi Special Police Establishment (DPSE) Act. The verdict highlighted that the scope of judicial review over legislation is limited. Further, the appointments of these officers are made by a high-level committee. Stating that there are sufficient safeguards in place, the court upheld these amendments.
Now after the verdict, the Union government can extend the tenure of both the CBI and ED Directors by one year at a time till the completion of five years from the initial appointment.
The Court said extension can be granted to high-level officials in the public interest and with reasons in writing. Apparently, this is what Union Home Minister Amit Shah highlighted in his tweet. Citing its specific reason for striking down the extension, the court has categorically ruled against the petitioners’ demand challenging the amendments to the CVC act.
