Trinamool Congress MP Mahua Moitra has moved the Supreme Court against the ordinances introduced by the Centre to extend the tenure of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) chiefs up to five years which was two years earlier.
On Wednesday, the Union government extended the tenure of Enforcement Directorate Chief Sanjay Mishra to three years as per the revised order of November 13.
“My petition just filed in Supreme Court challenging Union Ordinances on an extension to CBI & ED Director tenures being contrary to SC own judgments,” tweeted Mahua Moitra.
In the plea, Moitra stated, “Centre’s ordinances attack independence and impartiality of CBI and ED and give the Centre unfettered discretion to pick and choose those Directors for the purposes of extension of tenure who act in line with the Government’s preferences.”
“The ordinances allow the Central Government to effectively control an incumbent ED Director or CBI Director by wielding the power to extend the tenures of these Directors in ‘public interest’,” stated the petition.
Moitra added in her petition that the ordinances violate principles of fair investigation and fair trial as enshrined under Right to Equality and Right to Life in the Constitution.
Considering that the ordinances are contrary to the September Supreme Court’s judgment, the petition challenges the constitutional validity of the Centre’s ordinances.
Supreme Court Judgement
The Supreme Court bench of Justice L Nageswara Rao and Justice BR Gavai had held that the tenure of a Director of Enforcement cannot be extended beyond his date of superannuation except in “rare and exceptional cases” for a “short period”.
Moitra questioned the Centre’s ordinances stating that they don’t fulfill the criteria of “rare cases” and “short period” as prescribed in the SC judgment.
On Sunday, the Centre introduced ordinances amending Delhi Police Special Establishment (DPSE) Act and the Central Vigilance Act (CVC) to extend the tenure of CBI and ED chiefs up to five years.
That includes two years fixed tenure and can also get an extension of three years, but this will require three separate annual extensions.
CPI Leader Binoy Viswam Moved Resolution In Rajya Sabha
Communist Party of India Rajya Sabha MP Binoy Viswam has moved a Notice of Statutory Resolution in Rajya Sabha challenging the ordinances introduced by the Centre. The Resolution has been moved under sub-clause (a) of clause (2)0 of article 123 of the Constitution.
“The House disapproves Central Vigilance Commission (Amendment) Ordinance, 2021 (No. 9 of 2021) promulgated by the President on November 14,” the notice stated.
The ordinances are criticized by the Congress, Trinamool Congress, Communist Party of India (Marxist), CPI, and Rashtriya Janata Dal.
“The government has used the ED and the CBI as henchmen to usurp power and destabilise elected governments,” said Congress.
