'Is there no other competent person', SC to Centre on ED Director's extension

New Delhi, May 3 The Supreme Court on Wednesday shot a volley of questions at the Centre in connection with the third extension of service given to ED Director Sanjay Kumar Mishra.

A bench headed by Justice B.R. Gavai asked Solicitor General Tushar Mehta, representing the Centre, "is there no competent person in the entire agency and can one person be so indispensable?"

The bench, also comprising justices Vikram Nath and Sanjay Karol, queried Mehta, "What will happen to the agency post-2023 when he does retire?"

The top court, in a 2021 judgment, had said that any extension of tenure granted to officers holding the post of director after attaining the age of superannuation should be for a short period, adding that no further extension will be given to Mishra.

Mehta submitted that Mishra's extension was vital for India's evaluation by the Financial Action Task Force (FATF) and the next peer review of India's legislation on money laundering is to take place in 2023.

Mehta contended that to ensure that the country's rating does not go down, continuity of the leadership in ED is crucial, added that "though no one is indispensable, in such cases continuity is required".

Mehta said, "We are not dealing with individuals, but with the performance of an entire country."

Mehta also said that he has a serious objection with respect to the petitions filed by political persons whose party's senior functionaries are under investigation by the ED, saying that they have no locus standi in the matter.

Mehta said in one of the cases, the authorities had to get a cash counting machine because so much cash was recovered.

To this, the bench said that can a person being a member of a political party be a ground for not permitting him to file a petition?

The top court will continue hearing the matter on May 8.

The petitioners have challenged the third extension given to ED Director S.K. Mishra, and also the CVC Amendment Act 2021.

The Centre has told the Supreme Court that the PIL challenging the extension of Mishra has been filed with the intention of protecting Congress leaders, who are facing money laundering charges.

Pointing at the petitioners - Randeep Singh Surjewala (Congress), Jaya Thakur (Congress), Saket Gokhale and Mahua Moitra (both Trinamool Congress) - the affidavit said the eminent leaders of these parties are under the scanner of ED.