Mahua Moitra Moves SC Against Govt's Ordinances to Extend Terms of ED, CBI Heads

TMC MP Mahua Moitra claimed in her plea that the ordinances are against the judgments of the Supreme Court.

File image of TMC Lok Sabha MP Mahua Moitra.

(Photo: PTI)

Trinamool Congress MP Mahua Moitra has moved the Supreme Court against the Centre's ordinances to extend the tenure of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) chiefs up to five years.

So far, the tenure of directors of both central investigation agencies is of two years, and now, as per the ordinances, they can get an extension of maximum three years.

On Wednesday, the government extended ED Chief Sanjay Mishra’s tenure to three years, as per a revised order on 13 November.

The same day, Moitra took to Twitter to announce that she had moved the apex court, claiming that the ordinances are against the judgments of the Supreme Court.

What Does Her Plea State?

According to LiveLaw, the plea notes that the apex court had earlier held that the tenure of a Director of Enforcement cannot be extended beyond his date of superannuation except in "rare and exceptional cases" for a short period".

The petition also says that the ordinances attack the "independence and impartiality of the CBI and ED" and "violate the principles of fair investigation and fair trial enshrined in Articles 14 & 21 of the Constitution".

"The impugned ordinances allow the Central Government to effectively control an incumbent ED Director or CBI Director by wielding the power to extend the tenures of these Directors in the public interest," the plea states, according to LiveLaw.

(With inputs from LiveLaw.)