NEW DELHI: The Union government has sought dismissal of PILs filed by Congress leaders in the Supreme Court against extention of term of present Enforcement Directorate (ED) director Sanjay Kumar Mishra, saying those were "clearly motivated" to scuttle legitimate statutory investigation against certain politically exposed persons.
Citing the petitions filed by MP Women Congress leader Jaya Thakur, AICC's Randeep Singh Surjewala and TMC's Mahua Moitra and Saket Gokhale, the Centre said eminent leaders of their party leaders are under the investigation, so there is an apparent and manifest political interest in filing the petition.
The government contended the petitioners are espousing the cause of their political masters as the real motive of the petition is to question the investigation being carried out against the president and certain office bearers of the INC party.
"The investigation is strictly going on in accordance with law which is reflected from the fact that in most of the cases, either the competent Courts have taken cognizance or Constitutional Courts have refused to grant any relief to such leaders. It is apparent that the subject petitions are filed... to ensure that the Enforcement Directorate does not and cannot discharge its duties fearlessly," an affidavit filed by an official of the department of revenue said.
"It clearly appears that to achieve such political advantage the petitioners are camouflaged as Public Interest Litigation without even bothering to mention that the important leaders of the parties to which each of the petitioners belong are being investigated," it pointed out.
The response said that the subject matter of the petition is a challenge to extension of Director of Enforcement Directorate. It is a purely service matter, for which no PIL lies, the government asserted.
The affidavit also said that petitions have been filed by leaders of the political parties and the Supreme Court had earlier held that PIL should not be used for political or personal interest, and should not become a tool at the hands of vested interests for their political or personal gain.
On Monday, the court appointed senior advocate K V Viswanathan as amicus curiae in the matter and put the matter for consideration next week.
The petitioners claimed extension granted to Mishra upto November 18, 2022 was a blatant violation of the top courts directions in case of Common Cause Vs Union of India (2021)
By promulgating an ordinance, the government amended the Central Vigilance Commission Act to allow an extension up to five years for the term of ED Director.
Defending the development, the government said, "Parliament intended to make an enabling provision for grant of extension purely in 'public interest' and in case of only deserving circumstances demanding valuable output from such officers having specialisation in their area of operation."
The amendment did not change the existing minimum term of the Director, ED, it added.
