SK Mishra was put in charge of Enforcement Directorate in November 2018 and was to retire in two years.
Enforcement Directorate chief SK Mishra has got some reprieve from the Supreme Court, which said he can stay on till September 15, instead of the earlier deadline of July 31. The order came on Centre's appeal for an extension of the deadline till October 15. The court -- which earlier held a second and a third extension as "illegal" -- relented marginally today after the Centre argued about "unusual circumstances" and underscored a need for continuity.
The Centre also argued that some neighbouring countries want India to fall into FATF's 'grey list' and so continuity is necessary in the post of the Enforcement Directorate chief.
Appearing for the Centre, Solicitor General Tushar Mehta argued that the circumstances of Mr Mishra are unusual in view of the coming review by the global terror financing watchdog FATF (Financial Action Task Force). The onsite review of India's regulations and supervision by the inter-governmental organisation, which also combats combat money laundering, is due in November. The team is likely to reach on November 3.
"Are you saying all other officers are incompetent? Only one officer can do?" shot back the bench of Justices BR Gavai, Justice Vikram Nath and Justice Sanjay Karol.
"No officer is indispensable. There is a leadership is every organization but there has to be a continuity," the Centre responded.
The court pointed out that even after holding his extensions since 2021 illegal, the Centre has been given time till July 31. When the Centre persisted with its arguments, Senior advocate Abhishek Singhvi, who represented the petitioners, said the FATF review is a process involving 40 parameters.
"Money laundering is one such parameter. Also, the FATF review is an ongoing process till 2024. So, will they then seek extension till 2024?" he said.
"Out of 140 crore people, are we depending on only one officer? The conduct of Centre seeking extension is deplorable," he added.
The Centre has cited the peer review every time it extended Mr Mishra's term. The officer was given charge of the Enforcement Directorate in November 2018 and was to retire in two years when turned 60. But in November 2020, he got one extension, and it was followed by two more.
In May, the Centre had told the Supreme Court that he would retire in November and that the petition challenging his extension was meant to appease "political masters".
Senior Congress leader Randeep Surjewala, who has filed one of the petitions, has claimed that the government is misusing central agencies to target the opposition leaders and destabilise elected governments in non-BJP-ruled states.