New Delhi: Supreme court Hearing on various petitions challenging the extension of tenure adjourned for Tuesday, August 2 on Monday Sanjay Kumar Mishra As Director of Enforcement Directorate.
A bench headed by Chief Justice of India NV Ramana said it will hear the petition tomorrow.
The Court directed the Registry to ascertain the exact sequence of filing the petition and asked it to be listed tomorrow.
Advocate ML Sharma, one of the petitioners, said that he had filed this petition last year and asked who then would be the main petitioner, who had filed it first or who had filed it last.
Senior advocate Gopal Sankaranarayanan submitted that he has no objection to the order and said such a core issue leads to derailment.
Other petitioners include Congress leader Randeep Singh Surjewala and TMC Leader Mahua Moitra.
The petition, filed by social activist and Madhya Pradesh Mahila Congress Committee general secretary Jaya Thakur, has also sought quashing of the November 2021 order passed by the Center to extend the tenure of Sanjay Kumar Mishra as director of the Enforcement Directorate. The petition was filed through Varinder Kumar Sharma and Varun Thakur.
“Presently Respondent No. 1 (Centre) is using enforcement agencies against the President of the Indian National Congress Party and his office bearers. The investigation is going on for the last ten years with an intention to damage the image and reputation of his opponent,” The plea said.
The petitioner said that this act is against the democratic features. “All over the world, there is no agency to search for 10 years. There are few lawsuits for conclusion. There is no FIR. In fact, the agencies called and investigated without the presence of their lawyer. Hence, the above said The Act clearly shows that the respondents are misusing and harassing them for political vendetta Oppose Voice which is essential in a democracy,” said the petitioner.
The petitioner said that after all, the voice of the opposition is the voice of the common man. If agencies are misused and harassed, then there is no voice of opposition for the common man.
“Using agencies and harassing opposition leaders is against democracy. In fact, the Supreme Court had also set up a special court for speedy trial of the case related to public representatives, but for the last ten years only investigation is going on without any accountability. , damaging the image of the opposition party, which is an irreparable damage to the democratic structure,” the petition said.
The petitioner submitted that there are several competent officers who are eligible for consideration for appointment to the post of Director of Enforcement and they should not be denied the opportunity of appointment as per the procedure laid down under the CVC Act.
“The nature of the duties performed by the Director of Enforcement would include monitoring of very important investigations. Under the guise of pendency of investigation in matters having cross-border effect, the tenure of the Director of Enforcement cannot be extended from time to time,” the petitioner said. said the petitioner.
Therefore, the petitioner has sought quashing of the order dated November 17, 2021 passed by the respondent Center to extend the tenure of Sanjay Kumar Mishra and quash the “Central Vigilance Commission (Amendment) Act, 2021”.
According to the petition, the Supreme Court passed a specific order on September 8, 2021 that no further extension would be granted.
On September 8, 2021, the Supreme Court upheld the central government’s decision to retroactively extend the tenure of Sanjay Kumar Mishra as Director of Enforcement Directorate.Ed) but said that no further extension would be given to him.