A Writ Petition has been filed before the Supreme Court by Jaya Thakur, the General Secretary of the Madhya Pradesh Mahila Congress Committee challenging the extension of the tenure of Sanjay Kumar Mishra, the Director of the Enforcement Directorate (ED).

The petition filed through Advocate Varinder Kumar Sharma seeks quashing of the November 17, 2021 order passed by the Center extending the tenure of the ED Director.

The Petitioner has also challenged the applicability of the Central Vigilance Commission (Amendment) Act 2021 on the ground that the said amendment act, as well as the extension order, are contrary to the 2020 Judgment of the Supreme Court in the matter of Common Cause v. Union of India.

The Petitioner has submitted that the "Supreme Court in a number of cases has held that appointment in enforcement agencies must be fair and transparent, if their appointment is done in a biased nature they can be used as a tool."

Thakur has contended that "Presently, Union of India is using the Enforcement Agencies against the Indian National Congress Party President and their office bearers." The petitioner also states that such acts are against democratic features and show that the Center is misusing the agency for political vendetta and harassing the opposition.

The Petitioner has contended that the Supreme Court had specifically directed in its 2020 judgment that no further extension will be granted to the ED Director. As per the Petitioner, Section 25(d) of the Central Vigilance Commission Act which provides for the continuance of the ED Director for a period of not less than 2 years of assumption of office has to be interpreted on the basis of law laid declared by the Supreme Court in Vineet Narain & Ors. v. Union of India & Anr.

The Petitioner contends that the impugned order suffers from the vice of malice in law as it was passed for extraneous considerations.

Enforcement Directorate

Deepankar Malviya