Extension granted to ED Director Sanjay Mishra is illegal: SC

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Supreme Court in its order quashed the order of granting third extension

to ED director Sanjay Kumar Mishra, and ordered him time, till July 31, to relinquish office.

The Apex Court bench, headed by Justice B R Gavai on Tuesday passed the order on a batch of petitions, including those filed by Congress leaders Randeep Singh Surjewala and Jaya Thakur

and TMC’s Mahua Moitra and Saket Gokhale.

The, SC, however, affirmed the amendments in the DSPE and CVC Act, giving the Centre the power to extend the tenure of a CBI chief and ED director by a possible 3 years beyond their mandatory two-year term.

“We have held scope of judicial review under legislative action is limited. if it affects fundamental rights, or is manifestly arbitrary. We have held there is no manifest arbitrariness. Legislature can legislate.. extension can be granted when it is about the high level officials such as this in public interest and with reasons in writing,” the Supreme Court said.

The Apex Court said that the two orders of November 17, 2021 and 2022, which granted extension of tenure of 1 year each to ED Director Sanjay Mishra were “invalid in law.”

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