Thread by @LawBeatInd

#SupremeCourtofIndia to hear Congress leader Jaya Thakur's plea against fresh extension granted to SK Mishra, Director of Enforcement Directorate @dir_ed and the 2021 amendment to CVC Act.

@dir_ed A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol hears the plea.

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@dir_ed SG Tushar Mehta: I have serious objections against petitions by members of political parties whose leaders are being investigated by #EnforcementDirectorate

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@dir_ed Justice Gavai: So political leaders cant file petitions?

SG: I am objecting against them filing PILs which are not in public interest but private interests.

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@dir_ed SG refers to filing of PILs by political party members which are privately motivated.

SG: Presence of Dr. Singhvi is an indicator.

Senior Advocate Singhvi: I will give you a list of all PILs I appear in..

SG: this is in a lighter side.

#SupremeCourtofIndia… twitter.com/i/web/status/1…

@dir_ed SG takes court through various provisions of Central Vigilance Commission (CVC) Act.

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@dir_ed SG: This agency has different powers, they cannot be removed until found to be guilty of crude misbehavior.

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@dir_ed SG refers to law on ED tenures.

SG: Unlike the carrot and stick theory that the petitioner is using, they are immune to transfers.

SC: Carrot is the extension..to make them act as per your wishes..

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@dir_ed SG: This is a double edged sword...If I perform well, I am only given a one year extension. These people are at the fag ends f their careers, would they be lured by carrot and stick..

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@dir_ed SG: The ED Director does not work at state levels, the post is across country, and even globally as our endeavor to tackle money laundering. We cannot deviate from grade A to B, it would affect our financial assurances..

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@dir_ed SG: Please see Section 25, it gives immunity from all foreign interference, as envisaged in the Vineet Narain judgment by your lordships.. Please see the provision, there is no outer limit prescribed for the Director, its just not less than two years.

#SupremeCourtofIndia… twitter.com/i/web/status/1…

@dir_ed SG: If extension is given by an independent committee, how does it become bad?

SC: three government secretaries are there in that commiitee, so that will not hold water..

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@dir_ed SG reads from his submissions.

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@dir_ed SG (reads) : There is no proscription or prohibition on the government from appointing a Director beyond two years..

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@dir_ed SC: This court clearly holds that if an extension is to be granted, it is to be granted for a short period..

SG: That is for superannuated persons..

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@dir_ed SG: This is not a malafide exercise...

SC: We are not going into that question.

SG: Before going to the amendments made, let me show, we are dealing with an Act that has transborder implications. Its a genuine problem, money laundering, why we need some flexibility.. It is a… twitter.com/i/web/status/1…

@dir_ed SG: How to decide, that each country is complying with that global framework, and the definitions are also according with their guidelines.. they have a peer review, and its mutual evaluation, they would come and see our Act.. they would say this is not in conformation with… twitter.com/i/web/status/1…

@dir_ed SG: This review was to happen in 2019-20, every country gets a grading, black list, gray list, blue list.. Pakistan was in the gray list, which disentitled them from taking financial assistance from foreign agencies like world bank.. everything is dependent upon this peer review.… twitter.com/i/web/status/1…

@dir_ed SG: Sometimes continuity is best for dealing with these international bodies..

SC: You are saying ED cannot work without him, next year he is going anyway, then what will happen..will you bring in new amendment, from 5 years to six years..

SG: No milords, I am not saying that..… twitter.com/i/web/status/1…

@dir_ed Bench discusses.

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@dir_ed SG: It is nobody's case that nobody else is competent. The world never stops, the shows always goes on..

SC: Is there only one person, so dismissible..

Justice Nath: What stops this govt from coming to court in an application to say that please clarify para 23...

SC: Sometimes… twitter.com/i/web/status/1…

@dir_ed SG continues reading.

SG: They would also ask, how many fugitives are there..

SC: Is there only one person who will maintain high professional standards..

SG: No, not saying that, its for the whole organisation, that one person represents the whole organisation, he tells what… twitter.com/i/web/status/1…

@dir_ed SG: Sometimes continuance is also a relevant factor, we will face this in the next evaluation..

SC: Then you will further amend the act, we are saying that, don't look at Mr. Sankaranarayanan..

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@dir_ed SG: They used to say that Indira is India and India is Indira.. it is about the juncture in the time, when that person is indispensable..

SG reads further.

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@dir_ed SG: Two years why, because he will superannuate in the meanwhile..

SC: then Section 25 will allow to appoint him again..

SG: Academically yes, and that should never happen, but now the prohibition has come..

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@dir_ed SG: Earlier it could have been more that five years, but now it has been restricted.. it is selected by the committee, we cannot forget the extraordinary independence there..

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@dir_ed SG: Now please see the amendment, this is done not only for ED but also for CBI, sometimes that continuity is necessary, its not a matter of reading the files, some diplomatic relationships are established, and that level everything is not in writing. The have no problem with… twitter.com/i/web/status/1…

@dir_ed SG: This embargo for 5 years comes for the first time, and one year at a time, so that he does not become a non-performer, his extension is not dependent on government, but on CVC, and the government cannot do anything to CVC.. there is no other statutory functionary that enjoys… twitter.com/i/web/status/1…

@dir_ed SG: I will now come to fundamental rules... last proviso came to be amended.

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@dir_ed SC: We will continue on Monday, immediately after fresh matters. We would like to finish it latest by Tuesday.

SG: Instead of fresh matters please say 12.30 or something.

SC: We will keep it at 12 o'clock.

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@dir_ed "Sometimes Continuity Is Paramount": SG Mehta Tells Top Court In Pleas Challenging ED Director's Tenure Extension

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Report by @AishwaryaIyer24

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