The plea has been filed in the backdrop of interrogation of former Congress president Rahul Gandhi in the National Herald case.
The petition contended that the probe into the same has been going on for ten years even in the absence of a first information report.
“The above acts are against the democratic features. In the whole world there are no agencies to (sic) search upto 10 years,” the petition stated.
The petitioner, Dr Jaya Thakur, submitted that the extension of ED Director’s tenure was in violation of the apex court’s 2021 decision in Common Cause vs Union of India and ors, wherein the top court had explicitly ruled against further extensions to Mishra.
Mishra’s first retirement was due in November 2020, but it was extended twice subsequently. The tenure was last extended in November 2021 by an Act of Parliament [Central Vigilance Commission (Amendment) Act], a month after an ordinance was issued.
The plea said that the Central government, by granting such extensions, is destroying the basic structure of the Constitution by using central agencies against political opponents.
The petition alleged that the Central government was “using the Enforcement Agencies against the Indian National Congress Party’s president and their office bearer” to damage their image and reputations.
The petitioner, therefore, sought quashing of the extension orders granted to the incumbent ED Director as well the 2021 Act paving way for the same.
Source: Barandbench
