The term for SK Mishra was to be over in 2020 but was extended for one year. The step was termed as ‘exceptional’ and also ‘unprecedented’. Now the period of full five years has been granted by an ordinance. As the term was extended, the Centre justifying the step, said in the ordinance itself, “The President of India is pleased to approve the modification in the earlier order dated November 19, 2018, appointing Shri Sanjay Kumar Mishra as director of enforcement in the Enforcement Directorate.” A 1984-batch Indian Revenue Service officer of the Income Tax cadre, Mishra, now 61 years old, was appointed the ED chief on November 19, 2018. The ordinances say “no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment”.The move has also caused apprehension about the future of democracy since it has sidelined the recent judgment by the Supreme Court bench that had pointedly said in the case linked to the extension of Mishra’s tenure that such an extension can only be “in rare and exceptional cases”. The judiciary is not going to come to terms with the changes mutely, ordinances will be opposed in the Parliament and also taken up in the apex court. Amending the Acts through Ordinances will not obliterate the judgement of the Supreme Court. The judgement is law under Article 141.
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