Calling them “pressure tactics”, the Government on Monday questioned in the Supreme Court the bonafide of the PILs filed by political leaders challenging the extension of tenure of the Enforcement Directorate (ED) chief and the amended law allowing such extensions up to five years.
The top court, which fixed as many as eight PILs, including those filed by politicians Randeep Singh Surjewala and Mahua Moitra, for final disposal on September 19, also appointed senior advocate KV Viswanathan as amicus curiae (friend of the court) to assist it in dealing with the pleas.
A bench comprising Chief Justice Uday Umesh Lalit and Justice S Ravindra Bhat took note of the submission of Solicitor General Tushar Mehta, appearing for the Centre, that the reply of the government was ready and will be filed.
“I have to raise one specific issue...That is except one or two, all the petitions have been filed by political leaders belonging to parties whose eminent leaders are being investigated by the agency (ED), and these PILs are not bonafide PILs but it’s is a pressure tactics,” the government’s law officer said.
Senior advocate A M Singhvi, appearing for Surjewala, referred to the apex court judgements and said fixed tenures of officers like the ED director are the “hallmark of independence” and the fact that an incumbent may get an extension will “demolish” the independence of the office.
Surjewala’s plea has challenged the amendment made by the central government to the fundamental concept decided by the apex court in two judgments in the Vineet Narayan and the Common Cause cases which were on fixed tenure.