SC agrees to examine plea against ordinances extending CBI, ED chiefs' tenures

25-11-2021 Thu 19:59 IST | IANS | National
SC agrees to examine plea against ordinances extending CBI, ED chiefs' tenures

New Delhi, Nov 25:  The Supreme Court on Thursday agreed to hear a PIL against the two ordinances, which allows the Central government to extend the tenure of heads of the CBI and Directorate of Enforcement (ED) for up to five years.

Advocate M.L. Sharma, petitioner-in-person, submitted before a bench headed by Chief Justice N.V. Ramana, that the tenure of ED Director Sanjay Kumar Mishra has been extended by using powers under one of the ordinances.

The bench, also comprising justices A S Bopanna and Hima Kohli took note of the submissions that the petition has not been listed so far for hearing. After briefly hearing Sharma, the bench said: "We will list it."

The plea claimed that Centre has misused its power under Article 123 of the Constitution, which deals with President's power to promulgate ordinances during recess of Parliament.

On November 14, two ordinances - the Central Vigilance Commission (Amendment) Ordinance and Delhi Special Police Establishment (Amendment) Ordinance - which amended Section 25 and Section 4B of the CVC Act 2003 and DSPE Act 1946 respectively were promulgated.

The petition alleged these ordinances are "unconstitutional, arbitrary and ultra-vires" to the Constitution. The plea sought a direction from the top court to quash these ordinances.

The plea said: "By giving the government the power to extend the tenure of the heads of the two agencies to a maximum of five years, from two years, currently, the two ordinances carry the potential of further chipping away the independence of these agencies."

The plea contended the aim of these ordinances is to circumvent the top court's directions in a recent judgment on a petition, which challenged the retrospective change in the 2018 appointment order of Mishra as ED Director leading to extension of his tenure.

In the judgment, the top court had said the extension of tenure of officers who have attained the age of superannuation should be done in rare and exceptional cases.


More News
Row as AIMIM member abstains from 'Vande Mataram' in Bihar Assembly
6 hours ago
KTR urges PM to declare Kaleshwaram or Palamuru national project
7 hours ago
Get rid of 'why should I care' attitude: Shah to IPS probationers
7 hours ago
Andhra CM Jagan assures all help to flood victims
7 hours ago
12 more fliers from 'at risk' countries test Covid positive in Hyd
7 hours ago
India's foreign exchange reserves down $2.71 bn
7 hours ago
Don't let off workplace sexual harassment accused on technical grounds: SC
7 hours ago
Vicky-Katrina wedding: Event-related stickers must on vehicles
7 hours ago
Mary Kom supports Special Olympics Bharat
9 hours ago
No curbs are planned on cinema theatres, says Telangana
9 hours ago
World Tour Finals: Already qualified for semis, Sindhu loses her final group match to Chochuwong
9 hours ago
Decisions on booster dose, jabs for kids on scientific advice: Mandaviya
10 hours ago
Windows 11 to make it easier to change default browsers
10 hours ago
IND vs NZ, 2nd Test: Agarwal's ton takes India to 221/4 at stumps on Day 1
10 hours ago
Andhra CM assures pay revision for employees in 10 days
11 hours ago
Omicron: NCBS monitoring situation in four top cities
11 hours ago
Global action needed to regulate technology like cryptocurrency: Sitharaman
12 hours ago
How strong is Cyclone Jawad? 'Gulaab se jyada, Titli se kam'
12 hours ago
Lockdown should be 'last resort' to curb Omicron: WHO
12 hours ago
Deep depression intensifies into cyclonic storm and heading for north Andhra Pradesh in Bay of Bengal
12 hours ago
Clashes with China: Indian warships were deployed at forward positions, says Navy Chief
13 hours ago
India can lead the digital society: Mukesh Ambani
13 hours ago
Google Search adds new tools to help find doctors
13 hours ago
Actor Siddharth: Stop persecuting the film industry
13 hours ago
Anti-Imran song shared from Pak embassy in Serbia's official account
13 hours ago
Contestants undergo tough tasks in 'Bigg Boss Telugu 5' to win 'Ticket To Finale'
14 hours ago
Centre clarifies on 3rd wave possibility after Omicron detection
14 hours ago
Prepare for Omicron surge, WHO warns Asia-Pacific nations
14 hours ago
Lookinh beyond 'Major', Telugu actor Adivi Sesh eyes Bollywood projects
14 hours ago
GSK's early data shows Covid antibody drug effective against Omicron
15 hours ago