Is Sanjay Mishra indispensable as ED director, Supreme Court asks Centre

NEW DELHI: Questioning the extensions given to ED director Sanjay Kumar Mishra, the Supreme Court on Wednesday asked the Centre whether he is "indispensable" and there is no other competent officer in the investigation agency.
The apex court's remarks came after the Centre justified its decision to grant extensions to Mishra saying his continuance was necessary as the Prevention of Money Laundering Act (PMLA) and steps taken by India are going to be reviewed by international watchdog, Financial Action Task Force (FATF).
Appearing before a bench of Justices B R Gavai, Vikram Nath and Sanjay Karol, solicitor general Tushar Mehta contended that there was no mala fide in granting extension and told the court that the present director's continuance in office was needed as a peer review group of FATF is about to visit the country to examine steps taken by the country to tackle the menace of money laundering and international financial terrorism.
Mehta said that the extension was not given because of "love" for an individual officer but out of necessity as rating given by FATF to the country would have wider ramifications and it was important that it was dealt with by a "seasoned man" like Mishra.
"Review team is about to visit the country and the grading given by the team for the country is very important as a country credit rating is linked with it. We do not want new person to deal with the peer review group," he said.
But the bench asked: "Do you want to say that there is no other person in ED who can do the task. He cannot continue after November 2023 and what will happen if the group visits the country after that... Is he so indispensable for ED and there is no other competent officer in the agency." Underscoring that no one is indispensable, the court observed that a sitting Prime Minister was assassinated but the country moved on.
Responding to court, the SG said that he did not mean that Mishra is indispensable and and said that the country survived not only assassination of a sitting PM but also a former PM and Mahatma Gandhi. He clarified that in view of the repercussions, continuity should be maintained and the person who is aware with the system be allowed to complete the task instead of bringing new person.
In September 2021, the SC upheld the power of the Centre to extend the tenure of the ED director beyond the period of two years but made 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.