Tuesday, 25 January 2022

Chief of CBI, Enforcement Directorate term Extended Up To 5 Years.

Chief of CBI, Enforcement Directorate term Extended Up To 5 Years.

The government has brought two ordinances to extend the tenures of the CBI and Enforcement Directorate chiefs to up to five years. The heads of the central agencies currently have a two-year term.

President Ram Nath Kovind has signed off both ordinances. The chiefs of the top agencies can be given extensions every year for up to three years after they complete the two-year term.

"...although the parliament is not in session and the President is satisfied that situation exist which render it necessary for him to take instant action," the ordinances underscore.

The statements further underline that

"...no such extension shall be granted after a completion of a term of five years in total including the term mentioned in the initial appointment."

A Supreme Court bench - headed by Justice LN Rao - recently gave a judgment in the case linked to the extension of Enforcement Directorate chief SK Mishra, who took charge in 2018, underlining the extension of tenure "should be done only in rare and exceptional cases."

Today's development comes ahead of the completion of his tenure on November 17, which was extended by another year last year, in what was called an "unprecedented move" by some critics.

The Enforcement Directorate, "a specialized financial investigation agency under the Department of Revenue, Ministry of Finance," investigates cases linked to Foreign Exchange Laws and Regulations and money laundering.

The opposition parties, in the past, have accused the government of misusing central investigation agencies amid probes targeting top leaders and former ministers.

However, the latest ordinance will circumvent the Supreme Court ruling and make Subodh Kumar Mishra eligible for another two years' add-on.

Amending Section 25 of the CVC Act, the law states that the extension of five years will include the original appointment of fixed two-year tenure. Both CBI and ED chiefs have a fixed term of two years.

The President of India has promulgated the ordinance.

Presently, Subodh Kumar Jaiswal is the Director of CBI.

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