New Delhi | Jagran News Desk: In a first, the Centre on Sunday brought two Ordinances to extend the tenure of Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) Directors by up to 5 years. Currently, the directors of both the central agencies have a tenure of two years. 

As per the ordinance, the directors of CBI and ED can be given extensions every year for up to three years after they complete the two-year term. Both the ordinances have also been promulgated by President Ram Nath Kovind. 

The central government is expected to table a law in Parliament to replace the same. The order reads that "whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action."

The Delhi Special Police Establishment Act, 1946 ordinance said, “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 the 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.

Meanwhile, Central Vigilance Commission Act, 2003, ordinance stated, "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 the 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.

The new order can have a direct effect on the tenure of the two present directors -- Subodh Jaiswal, CBI Director and Sanjay Mishra, ED Director -- of the two central agencies. The tenure of Sanjay Mishra, whose extension as the ED Director in September this year raised eyebrows but a green signal by the Supreme Court with a prohibition of no further extension, is set get over on November 19, 2021, unless he is given another extension.

"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.

Posted By: Talibuddin Khan