CBI, ED Chiefs' Tenures Could be Extended Up to 5 Years; Centre Brings Ordinance

In a move that could set off questions in the upcoming parliament session, the central government has decided to extend the tenure of the directors of CBI and ED a tenure of upto 5 years. The government brought in two ordinances to amend the Delhi Police Special Establishment Act and the CVC Act to make it possible to give the two directors a tenure beyond the current fixed tenure of two years.

The ordinance promulgated by the President says, “In section 4B of the Delhi Special Police Establishment Act, 1946, in sub-section (1), the following provisos shall be inserted, namely,—”Provided that the period for which the Director holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to be recorded in writing, be extended up to one year at a time.”

“Provided further that 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 order further read.

Similar ordinance for the ED director states,” In section 25 of the Central Vigilance Commission Act, 2003, in clause (d), the following provisos shall be inserted, namely,— “Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under clause(a) and for the reasons to be recorded in writing, be extended up to one year at a time.”

“Provided further that 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 second order added.

While no immediate response was available from government officials about the need for such amendment, the move could give current ED Director Sanjay Mishra and Director CBI Subodh Jaiswal further extension. Sanjay Mishra’s tenure is scheduled to end on November 19, unless he is given further extension.

Supreme court in September this year had upheld the retrospective extension given to ED director Sanjay Mishra but had said that no further extension can be given to him. Court had also opined that extension to superannuating officials should be given in rare circumstances.

“We do not intend to interfere with the extension of tenure of the second Respondent (Mishra) in the instant case for the reason that his tenure is coming to an end in November, 2021… “We make it clear that no further extension shall be granted to the second respondent,” the bench of Justice BR Gavai and Justice Nageshwar Rao had said.

A senior CBI officer told News18 that since a committee which includes the Chief Justice of India, the leader of opposition and the prime minister, appoints CBI Director, an extension beyond two years would need the committee’s approval. “If a year-by-year extension has to be given, the committee will have to approve it. For ED however it could be easier since the order will come from the ministry,” the officer said.

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