Incumbent Enforcement Directorate director S.K. Mishra will be completing his tenure in November. But speculation has already begun whether he can be given another extension to complete the pending investigations that were put on fast track under his charge like the crucial extradition cases of Nirav Modi, Vijay Mallya and Mehul Choksi besides money laundering cases against high-profile accused in cases spanning from Jammu and Kashmir to Kerala.
The ED falls under the department of revenue of the ministry of finance and Mishra is an Indian Revenue Service officer who has held the charge of director of ED for three years—a post that has seen a string of IAS and IPS officers at the helm for decades.
The government’s move to extend Mishra’s tenure last year generated a lot of controversy. Earlier this month, the Supreme Court, hearing the petition filed by the NGO Common Cause, said that the government cannot continue extending the tenure of the ED chief till the agency completes investigating all crucial cases. The Supreme Court’s observation came after it was told that the success achieved in crucial money laundering cases under the present ED director was one of the reasons for extending his tenure by a year.
But there are precedents where the ED director has held the post for four years as well.
Senior IAS officer Arun Mathur held the charge of ED director for four years between 2008 and 2012. He was at the helm of the crucial 2G investigation and handled some of the crucial corruption cases during the UPA tenure.
This was probably the longest tenure of any ED director since the time the agency got its teeth through the Prevention of Money Laundering Act, a law that came into force in 2005 and has since transformed the Enforcement Directorate into a powerful Central agency.
Mishra's predecessor, senior IPS officer Karnal Singh, also held the post of ED director for three years. However, he held additional charge as ED director for one year during this period. Before Singh, another IAS officer, Sudhir Nath, had held charge from 2005 to 2008.
Interestingly, Mishra has spent close to seven years in totality in the ED—more than any of his predecessors—which has acquainted him with the functioning of the organisation at all levels. His first stint in ED was between 1989-1993 when he was assistant director in ED, a post that is now equivalent to a deputy director. The IRS officer's appointment as ED director added another three years of total time spent in the ED. Those close to Mishra say that he is an officer who keeps a low profile and has kept the ED under tight grip, removing errant officers, dealing firmly against accused skipping summons and handling politically sensitive cases in ways that have ruffled the opposition time and again.
While the ED director has a fixed two-year tenure, former officers said longer tenures give more time to complete investigations, usher reforms, fill up vacancies and streamline the working of the agency to meet present challenges. For example, during Mathur’s tenure, India got membership of the Financial Action Taskforce, the global anti-terror financing watchdog due to his efforts.
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Some others feel that giving an extension to chiefs of investigating agencies can be viewed as an attempt by the government to use the Central agencies for scoring political gains.
At other times, it also brings criticism to the government, which is seen as handpicking officers—like the recent decision of appointing Rakesh Asthana as Delhi Police commissioner days ahead of his retirement as BSF chief. But the fact that Asthana's appointment came through strongly, despite opposition from some quarters, has left room for speculation on how the government will now handle the appointment of the next ED chief.
Mishra took over in October 2018. He was given an extension last year after the department of revenue modified the 2018 order of appointment of Mishra. It said that his appointment will be for a period of three years from the date of assumption of charge of the post or until further orders, whichever is earlier.
