S K Mishra to continue as Enforcement Directorate chief till Sept 15: SC

The Supreme Court on Thursday ruled that Enforcement Directorate (ED) chief S K Mishra can continue in office till September 15, 2023, according to a report by Bar and Bench. The top court ordered that no further application from the Centre would be entertained on the issue again. The SC further said that Mishra will cease to be an ED director from the night of September 15.

The order comes after the government had filed an appeal for an extension of the deadline till October 15. The government had cited an ongoing peer review by the global terror financing watchdog Financial Action Task Force (FATF) to seek the extension.

"The present ED Director has been engaged in the preparation of documents and other requirements for Mutual Evaluation of India since the beginning of 2020. Accordingly, his continuation in this arduous and delicate process is essential," the government had told the court.

Solicitor General Tushar Mehta, representing the government, said that the review of India's regulations by the global terror financing watchdog FATF is due in November.

The bench comprising Justices BR Gavai, Justice Vikram Nath, and Justice Sanjay Karol asked if only one officer was capable enough to do the job and the rest were incompetent.  

The apex court, on July 11, had called the third extension given to Mishra illegal and said that it infringed a 2021 judgment of the court. After the government expressed concern about continuity in the middle of the FATF review, the court allowed Mishra to continue till July 31.

Mishra was first appointed as the ED's director for a two-year term on November 19, 2018. The Bharatiya Janata Party-led government extended the tenure for a year in 2020.

In September 2020, the apex court directed the government not to extend Mishra's tenure any further. Despite the ruling, the government enacted two ordinances to ensure that the directors of the ED and the Central Bureau of Investigation (CBI) could serve for up to five years. This enabled Mishra to work for another year.

The Centre extended the tenure of the 1984-batch Indian Revenue Service officer for another year in November 2022.  According to the government's notification, he was to remain in office until November 18, 2023,