New Delhi, Pretr. The Supreme Court on Thursday said it will soon list for hearing a PIL challenging the validity of two ordinances seeking to extend the tenure of directors of the CBI and the Enforcement Directorate (ED) by three years. A bench of Chief Justice NV Ramana, Justice AS Bopanna and Justice Hima Kohli took note of the submission that the PIL on the issue is yet to be listed for hearing.
Advocate ML Sharma, who filed the petition in his personal capacity, said that by using the power given by one of these ordinances, now the tenure of ED Director Sanjay Kumar Mishra has also been extended. To this the bench said, “We will list it.”
The PIL has alleged that the Central Vigilance Commission (Amendment) Ordinance and the Delhi Special Police Establishment (Amendment) Ordinance are unconstitutional, arbitrary and against the Constitution. In this a demand has been made to cancel them. It has also been alleged in the petition that the Central Government has misused its powers under Article 123 of the Constitution.
It also said that the ordinances are intended to set aside the Supreme Court’s decision on a PIL challenging the changes made in the 2018 appointment order of ED director Mishra, thereby extending his tenure. . On September 8, the Supreme Court had dismissed a petition challenging changes in the order for the 2018 appointment of Mishra as the director of the ED. It said that extension may be given for a reasonable period to complete the ongoing investigation. However, the Court had made it clear that the extension of tenure of officers attaining the age of retirement should be done in rare and exceptional cases.