Mahua Moitra’s petition says that the ordinances violate the principles of fair investigation and fair trial
New Delhi:
Trinamool Congress MP Mahua Moitra has moved the Supreme Court against the Centre’s ordinance to extend the tenure of directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), arguing they are an attack on the fairness of the probe. agencies.
The tenure of the heads of the two central agencies was two years, which can now be extended to five years. After completing the two-year term, they can be given three extensions of one year each. Earlier today, ED director Sanjay Kumar Mishra, who was due to retire tomorrow, was given an extension of one year.
The apex court specifically said that Mishra’s tenure cannot be extended. Yet the ordinance of November 14 was used to extend it again to November 17.
What is the dirty work that Misraji is doing for his masters that makes him so indispensable? just asking. pic.twitter.com/cIO2a39FdL
— Mahua Moitra (@MahuaMoitra) November 17, 2021
Ms Moitra has said in her petition that the Centre’s ordinances “attack the independence and impartiality of the CBI and the ED” and empower the Center to “pick and choose directors who are on the government’s priorities for the purposes of extension of tenure”. act accordingly.”
The petition said that the ordinance “allows the central government to effectively control an existing ED director or CBI director by exercising the power to extend the tenure of these directors in the ‘public interest'”.
The petition said that the ordinances violate the principles of fair investigation and fair trial as enshrined in the Constitution under the Right to Equality and Right to Life.
The petition also challenges the constitutional validity of the Centre’s ordinances. It said this is contrary to the Supreme Court’s decision in September.
My petition has just been filed in the Supreme Court challenging the Central Ordinances on extension of tenure of CBI and ED Director contrary to the Supreme Court’s decision.
— Mahua Moitra (@MahuaMoitra) November 17, 2021
In its judgment on 8 September on a petition filed by NGO Common Cause against the extension of the tenure of ED Director Sanjay Kumar Mishra, the Court upheld the decision of the Central Government to retrospectively change his appointment order by which his tenure was extended. Two years to three years. But a bench of Justices L Nageswara Rao and BR Gavai had held that the tenure of the Director of Enforcement cannot be extended beyond the date of his retirement for a “shorter period” except in “rare and exceptional cases”.
Ms Moitra, in her plea, has contended that the Centre’s ordinances do not meet the criteria of “short duration” and “rare cases” laid down in the judgment and that the Center cannot annul the Supreme Court’s decision by issuing an ordinance.
The ordinances have drawn strong criticism from the opposition, which has repeatedly alleged that the Center is using investigative agencies to harass its political rivals.
The Congress has said that the government has used the ED and the CBI as “henchmen to grab power and destabilize elected governments”.
The Trinamool Congress has issued a notice for statutory proposals in the Rajya Sabha, objecting to the ordinances. This has raised questions about the government’s haste to take the ordinance route when the winter session of Parliament is barely two weeks away.
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