'ED chief extension, CVC act amendment illegal'

The extensions given to ED chief SK Mishra was 'illegal', amicus curiae KV Viswanathan contended. Arguing in the case challenging the extensions, the senior advocate told the Supreme Court that the amendment to the Central Vigilance Commission Act, which enabled the Centre to extend tenure of the ED director up to five years, too was illegal.

Citing a Supreme Court judgment, he contended on Monday that the issue was not about Mishra, but the principle. Viswanathan said the Centre had said it had amended the CVC Act. "And there is an extension given on November 17, 2021. My submission is, keeping in line the long line of Vineet Narain, Common Cause etc., the extensions are illegal. It is not about the incumbent at all but the principle. Important principle that will have to be taken forward."

The senior lawyer also contended that the ED chief should not have been given extension beyond November 2021 because of the specific observation made in the judgement that extension should be granted only in exceptional circumstances. He urged the court to take a view on the "broader principle of insulating from the influence of the executive".

Appearing for a clutch of petitioners, senior advocate Abhishek Manu Singhvi argued piecemeal extensions impinged on the independence of an official who was beholden to government for such yearly extensions. Singhvi added fixity of tenure gave public officials strength and infused them with independent objectives.

The Centre in its affidavit had earlier contended that extension was challenged by Opposition politicians facing serious charges. A bench of justices BR Gavai and Aravind Kumar, however, observed it was not concerned with petitioners facing charges.