* Petition in SC on ED harassing Rahul continues for 5 years despite 2-year appointment
From Our Bureao
NEW DELHI: A petition was filed in the Supreme Court on Wednesday questioning repeated extensions to Enforcement Director Sanjay Kumar Mishra harassing Rahul Gandhi in the National Herald case, after appointment for two years in November 2018.
Dr Jaya Thakur, general secretary of the Madhya Pradesh Mahila Congress Committee, has moved the top court challenging the November 17, 2021 order giving yet another extension to Mishra in defiance of the Supreme Court ruling on September 21 not to grant any further extension to him.
Citing the ongoing interrogation of Rahul Gandhi in a case registered 12 years abo, she has sought an inquiry on how Mishra was given further extension despite the Supreme Court ruling, accusing him of stifling opposition and democratic voices.
Under the 2021 amendment of Section 25 of the CVC Act, the Director of Enforcement will be appointed for an initial period of two years. Thereafter Director of Enforcement can be given extension of tenure by one year at a time and the same can be continued to be granted till the completion of five years as Director of Enforcement including initial two-year term. This, the amended provision says, will be done in public interest, on the recommendation of the committee of senior secretary level officers and the reasons for the same will be recorded in writing.
The committee comprised Central vigilance commissioner, union home secretary, revenue secretary and the secretary of ministry of personnel.
Mishra,who was appointed as the Director of Enforcement on November 19, 2018 for a term of two years, after earlier bveing the principal special director in the Enforcement Directorate. On November 13, 2020, the President approved modification of the order, extending Mishra’s appointment from two to three years.
The central government justified the extension of tenure, telling the top court that important investigations relating to trans-border crimes were at a crucial stage. The extension of tenure to Mishra, the top court was told, was in pursuant to the recommendation made of the high-powered committee.
A top court bench headed by Justice L. Nageswara Rao (since retired) and comprising Justice B.R. Gavai by September 8, 2021, judgment, while upholding the power of the Central government to extend the tenure of the Director of Enforcement beyond the period of two years, had said, “we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases.”
The top had further said, “Reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the CVC Act. Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period.”
The part of the September 8, 2021, judgment that stands breached by further extension to Mishra reads, “We do not intend to interfere with the extension of tenure of the second Respondent (Mishra) in the instant case for the reason that his tenure is coming to an end in November, 2021. We make it clear that no further extension shall be granted to the second Respondent (Mishra).”
*******************************************RAHUL TOLD TO APPEAR AGAIN ON FRIDAY
From Our Bureau
NEW DELHI: Former Congress President Rahul Gandhi was asked by the Enforcement Directorate Wednesday night to rejoin his interrogation again on Friday after three days of continuous grilling in connection with the National Herald laundering case.
On Wednesday, he was questioned for over three hours in the pre-lunch session and then for another five hours in the second session.
*******************************************
