Center brings ordinance to extend tenure of ED, CBI directors by 5 years – Bharat Times Hindi News

New Delhi: The central government on Sunday brought out an ordinance to extend the tenure of directors of the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) by 5 years.

The heads of central agencies currently serve in their respective positions for two years.

President Ram Nath Kovind has signed both the ordinances.

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Giving details about the ordinance, a notification by the Ministry of Law and Justice said: “While Parliament is not in session and the President is satisfied that circumstances exist which are necessary for him to take immediate action. Now, therefore, in exercise of the powers conferred by clause (1) of Article 123 of the Constitution, the President promulgates the following Ordinance: (1) This Ordinance may be called the Delhi Special Police Establishment (Amendment) Ordinance, 2021. (2) It shall come into force at once”.

For amendment of section 4, it says: “In section 4B of the Delhi Special Police Establishment Act, 1946, in sub-section (1), the following provisions shall be added, namely, “Provided that the period for which the Director holds The office may, on his initial appointment, in the public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for reasons to be recorded in writing, be extended for one year at a time: Provided Provided further that no such extension shall be granted after the completion of a period of five years in the aggregate including the period mentioned in the initial appointment.”

A similar notification has been issued to amend the Central Vigilance Commission Act, 2003. This ordinance is called the Central Vigilance Commission (Amendment) Ordinance, 2021.

In September, the Supreme Court had refused to interfere with the extension of service granted to Enforcement Director Sanjay Kumar Mishra. It said that the Central Vigilance Commission Act, 2003, which pertains to appointment to the post, only stipulates that such officer shall hold office for at least two years and that cannot mean more than two years.

According to a report in The Indian Express, the bench said it has no intention of interfering in the extension of Mishra’s tenure as his term ends in November 2021, but further clarified that “no further extension”. After that date “him” will be granted. It mentioned, “We should make it clear that the extension of tenure given to officers who have attained the age of retirement should be done only in rare and exceptional cases.”

“A reasonable period of extension may be given to facilitate the completion of the ongoing investigation only after recording the reasons by the committee constituted under section 25(a) of the CVC Act. Any extension of the tenure given to persons holding the post of Director of Enforcement after attaining the age of retirement should be for a short period,” the report quoted the top court as saying.