New Delhi, Sep 5 : The Supreme Court on Monday appointed senior advocate K.V.Viswanathan as amicus curiae in connection with a string of petitions contesting the legality of the extension of the tenure granted to current Enforcement Directorate (ED) Director Sanjay Kumar Mishra.A bench comprised of the Chief Justice of India Uday Umesh Lalit and comprised of Justice S.Ravindra Bhat and Justice S.Ravindra Bhat, stated: “Considering the issues raised in this case, we appoint the senior lawyer K.V.Viswanathan as amicus curiae help us in this case.”
The court’s top judge added that the amicus petition would receive assistance from an advocate on record and set an appearance on petitions to be held on September 19.
Solicitor General Tushar Mehta, representing the Centre said that the government’s response will be delivered to the political parties on Monday.
Inquiring about the legitimacy of the petitions, Mehta said most of petitions have been submitted by the members of the political parties of which leaders face ED cases.
The highest court was hearing a series of eight petitions brought by Trinamool Congress and Congress leaders – Dr.Jaya Thakur, Randeep Singh Surjewala, Saket Gokhale, Mahua Moitra – and other petitions submitted by advocates M.L.Sharma, Krishna Chander Singh Vineet Narain and advocate M.L.Sharma, contesting the extension of the term of the ED Director.
On August 2 on the 2nd of August, senior advocate A.M.Singhvi, representing Surjewala, stated that the amendment permits the Central government to grant annual extensions to the ED Director for up to 5 years.This places the director at the discretion of the government and undermines the autonomy of the position.
Singhvi said that in the Common Cause v.Union of India ruling the Supreme Court had ruled in the year 2000 that Mishra could not be granted a another extension.
In the hearing, one counsel stated the fact that Mishra had completed four years in the position of ED Director.
Another counsel suggested that the ED Director’s inability to file his property that is immovable tax returns from 2017-2020 , and the vigilance rules as well as the official memorandum state that the approval for the top position will not be granted if the returns haven’t been uploaded.
The petitioners have argued that the extension granted to Mishra is a clear violation of the supreme court’s directives in announcing an ordinance that amends the Central Vigilance Commission Act to allow an extension of up to 5 years for the tenure of ED Director.
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