ED chief Sanjay Mishra steps down after controversial tenure, Rahul Navin named officiating director

Mishra was granted four extensions after being appointed director of Enforcement Directorate on 19 November, 2018, for a two-year term.

File photo of Sanjay Kumar Mishra | Credit: X/@IRSAssociation

New Delhi: The tenure of Enforcement Directorate (ED) Director Sanjay Kumar Mishra came to an end Friday, after four extensions. During his record 4-year-and-10-month term as the ED chief, the agency initiated several controversial legal cases against politicians and organisations.

The opposition leaders to face ED heat include former finance minister P. Chidambaram, Congress leaders Sonia and Rahul Gandhi, Jharkhand chief minister Hemant Soren, Karnataka Congress chief D.K. Shivakumar, NCP founder Sharad Pawar, former Maharashtra home minister Anil Deshmukh, National Conference leaders Farooq and Omar Abdullah, and former Jammu & Kashmir chief minister Mehbooba Mufti.

Rahul Navin, Special Director at the ED, will take over as officiating director of the agency.

The finance ministry order issued states that Navin, a 1993-batch Indian Revenue Service (IRS) officer, will be in-charge Director of the ED till the appointment of a regular director or until further orders, whichever is earlier.

‘Are there no other competent people?’

A 1984-batch IRS officer, Mishra was appointed as ED chief on 19 November, 2018, for a two-year term. On 13 November, 2020, days before his tenure was to end, Mishra’s appointment was modified retrospectively and his tenure of two years was replaced with “three years”.

Then in November 2021, days before Mishra was to exit the post, the President promulgated two ordinances — amendments to the Delhi Special Police Establishment Act, 1946, and the Central Vigilance Commission Act, 2003.

The amendments allowed the extension of tenure of the ED and Central Bureau of Investigation chiefs for a period of five years from appointment and three years beyond the two-year tenure, and were passed by Parliament.

In November 2021, the Centre gave the second extension to Mishra for a year, and then again in November 2022.

The Supreme Court, which was hearing several petitions challenging the extensions, in an 11 July ruling pulled up the Centre and termed Mishra’s term extension as “illegal”. It further gave time till 31 July for Mishra to relinquish office to enable “smooth transition”.

On 27 July, the top court extended Mishra’s tenure till 15 September — after the Centre moved a petition seeking extension till 15 October — “taking into consideration the larger public interest”.

The Centre had sought extension of Mishra’s tenure till 15 October on the ground that his services were required for a review by the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog.

In its earlier ruling, the SC had asked the Centre: “Are there no other competent people in the department?”

The Opposition had slammed the Centre for seeking extensions for Mishra, calling it “an ulterior political motive”. Among the petitioners challenging Mishra’s extension were Congress leaders Randeep Singh Surjewala and Jaya Thakur, and Trinamool Congress MP Mahua Moitra.

At the 27 July hearing, a three-judge SC bench led by Justice B.R. Gavai stated that the extension of 45 days (from 31 July to 15 September) to Mishra was being granted for “national and public interest”.

“No further application would be entertained for grant of extension to Mishra… We further clarify that he shall cease to be the Director of ED with effect from the midnight of 15-16 September, 2023,” the bench noted.

(Edited by Nida Fatima Siddiqui)