A three-judge bench led by Justice B R Gavai has granted an extension to the term of Sanjay Kumar Mishra, the Director of the Directorate of Enforcement (ED), until September 15. Mishra’s previous extensions were considered unlawful, and his term was initially set to conclude on July 31. However, the bench has now allowed this final extension in the “interest of the larger public.” After September 15, Mishra will no longer continue as the Director of the ED.
About SK Mishra
Sanjay Kumar Mishra, an officer of the 1984 batch of the Indian Revenue Service, first took charge as the Director of the Enforcement Directorate (ED) in November 2018 for a two-year term. As per the rules, Mishra’s term was supposed to end in November 2020 when he reached the retirement age of 60 in May 2020. However, on November 13, 2020, the Central government issued an office order stating that the President had amended the initial order, extending Mishra’s term from ‘two years’ to ‘three years,’ which allowed him to continue as the ED Director until November 2021. Subsequently, another extension was granted until July 31, 2022, but it was deemed unlawful. Now, the recent extension given by the three-judge bench until September 15, 2022, is said to be the final one allowed for Mishra.
About ED
The Directorate of Enforcement (ED) is a law enforcement agency in India that is responsible for enforcing economic laws and fighting economic crime. It is part of the Department of Revenue, Ministry of Finance, Government of India.
- The ED was established in 1956 and its headquarters are in New Delhi.
- The ED’s mandate is to enforce two key Acts of the Government of India, namely, the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA).
- The ED also investigates and prosecutes cases related to economic offenses, such as money laundering, foreign exchange violations, and black money.
- The ED has a wide range of powers, including the power to search and seize assets, the power to issue summons, and the power to prosecute cases in court. The ED also has the power to attach and confiscate properties of fugitive economic offenders.
- The ED has been successful in investigating and prosecuting a number of high-profile cases, including the Nirav Modi case and the Mehul Choksi case.
- The ED has also been successful in recovering a large amount of money that has been laundered or illegally acquired.
The ED is a powerful law enforcement agency that plays an important role in fighting economic crime in India. The ED’s work has helped to protect the Indian economy and to bring to justice those who have committed economic offenses.
Key Functions
- Enforcement of FEMA: The ED enforces the Foreign Exchange Management Act, 1999 (FEMA). FEMA is a law that regulates the flow of foreign exchange in and out of India. The ED investigates and prosecutes cases of violation of FEMA.
- Enforcement of PMLA: The ED enforces the Prevention of Money Laundering Act, 2002 (PMLA). PMLA is a law that criminalizes money laundering. The ED investigates and prosecutes cases of money laundering.
- Investigation and prosecution of economic offenses: The ED investigates and prosecutes cases of economic offenses, such as black money, hawala, and foreign exchange violations.
- Attachment and confiscation of properties: The ED has the power to attach and confiscate properties that have been acquired illegally or through money laundering.
- Providing technical assistance to other law enforcement agencies: The ED provides technical assistance to other law enforcement agencies in India and abroad.
The ED is a valuable asset to the Indian government in its fight against economic crime. The ED’s work has helped to protect the Indian economy and to bring to justice those who have committed economic offenses.
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