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SC agrees to extend tenure of ED chief Sanjay Mishra till September 15 (Lead)

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 The Supreme Court on Thursday agreed to extend, till September 15, the tenure of the present ED Director Sanjay Mishra, who was due to demit office on July 31 in accordance with its recent judgement.

“In ordinary circumstances we would not have accepted such an application…taking into consideration larger public interest, we permit the ED Director to continue till September 15, 2023,” a special bench of Justices B.R. Gavai, Vikram Nath, and Sanjay Karol ordered.

However, the bench clarified that it will not entertain any further application by the Centre seeking extension of tenure of the present ED Director. It said that Mishra will cease to hold the post from the midnight of September 15/16, 2023.

At the outset of the hearing, the bench asked whether the ED does not have any other competent officer to deal with the FATF review.

“Are you not giving a picture that your entire department is full of incompetent officers? You have only one officer? Is it not demoralising the entire force?” queried the special bench.

Solicitor General Tushar Mehta, representing the Centre, repeatedly urged before the court that any change in leadership at the ED would adversely impact India’s national interests in view of the ongoing FATF Review which is at a critical stage.

“Circumstances are unusual. From November 3, FATF will visit India. This is a peer review of the past 5 years. This isn’t an annual exercise. Continuity will help the country,” he said.

“It is not that one person is indispensable. It’s just that continuity will help give a better presentation to the international body. We need continuity to put forth that before the international body,” he added.

The FATF is an inter-governmental body which has developed its recommendations to prevent and combat money laundering and terror financing. Around 200 countries, including India, have committed to implement these standards. The FATF conducts peer reviews of all its member countries on a regular basis to assess levels of implementation of the FATF recommendations and provide an in-depth description and analysis of each country’s system for preventing criminal abuse of the financial system.

On the other hand, senior advocate Abhishek Manu Singhvi opposed the application for extension, saying that Centre is making an attempt to get a review of the judgment rendered by the apex court.

Senior advocate Anoop G. Chaudhari, representing original writ petitioners, argued that in relation to FAFT, the main authority is Union Revenue Secretary and application filed by the Centre is “misconceived” and “deserves to be rejected”.

Advocate Prashant Bhushan went on to say that the Centre’s application is a “gross abuse of process of court” and a review application has been filed in guise of an application seeking extension.
In its order delivered in open court, the bench allowed the Union government’s request “in view of the larger public interest”, but granted an extension only till September 15, while the application moved by the Centre has requested extension up to October 15.

On Wednesday, the Supreme Court agreed to constitute a special bench to hear the Centre’s application on July 27 after Mehta sought an urgent listing of the matter.

In a judgement on July 11, the Supreme Court dubbed the extension of Mishra as “illegal” for violating the mandate of the top court’s judgment in 2021. However, the top court had allowed him to continue in the post till July 31 taking into consideration the concerns expressed by the Union government with regard to the FATF review and taking into consideration that the process of fresh appointment would take some time.

The court had held that the extension granted to Mishra was contrary to an earlier 2021 judgment rendered by a division bench of the Supreme Court in this regard.

Mishra was first appointed as ED Director for a two-year term in November 2018. His term expired in November 2020. In May 2020, he had reached the retirement age of 60.

However, on November 13, 2020, the Central government issued an office order stating that the President had modified the 2018 order to the effect that a time of ‘two years’ was changed to a period of ‘three years.’ This was challenged before the Supreme Court by the NGO Common Cause.

The Supreme Court in a September 2021 verdict approved the modification, but ruled against granting more extensions to Mishra. After the court’s decision in 2021, the Central government brought in an ordinance amending the Central Vigilance Commission (CVC) Act, giving itself the power to extend the tenure of the ED Director by up to five years, and the law in this regard was subsequently passed by the Parliament.

“Challenge to CVC Act and Delhi Special Police Establishment Act is dismissed to that extent. Extension granted to Sanjay Kumar Mishra after Supreme Court verdict is illegal. However, he is permitted to hold office till July 31, 2023,” the court had ordered on July 11.

National News

Supreme Court Sets January 21 For Final Hearing In Shiv Sena Symbol & Disqualification Case

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New Delhi: The Supreme Court on Wednesday said it will begin final hearing on January 21, 2026, the dispute between Uddhav Thackeray and Eknath Shinde group of Shiv Sena in relation to allotment of ‘bow and arrow’ election symbol and dismissal of disqualification pleas by Maharashtra Speaker against Shinde faction MLAs.

A bench of Justices Surya Kant and Joymalya Bagchi stated that it will first hear the case relating to a dispute between the Shiv Sena faction and then proceed to hear the disagreement involving the Nationalist Congress Party (NCP).

The Thackeray faction petitioned the Election Commission, assailing its February 2023 order, which awarded the party name and symbol to the faction led by Eknath Shinde, following the split in the Shiv Sena after the 2022 political crisis.

Thackeray’s camp has contended the dismissal of disqualification pleas by the Maharashtra Speaker against Shinde and his faction’s MLAs.

It also agreed to consider the petition filed by NCP (Sharad Pawar) against the ECI’s decision to allot the official symbol to NCP (Ajit Pawar).

Sharad Pawar’s group has also challenged the Election Commission’s order, passed in February 2024, which allowed the Ajit Pawar group to use the official ‘clock’ symbol.

Following a rift between the Sharad Pawar and the Ajit Pawar factions of the NCP, the Election Commission of India recognised Ajit Pawar’s party as the real NCP based on its legislative majority. It allotted the ‘clock’ symbol to it.

The top court had asked the Sharad Pawar faction to use the ‘Nationalist Congress Party-Sharadchandra Pawar’ name for the upcoming elections and the “man blowing turha” symbol.

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Crime

Interstate borders will be strictly monitored: Rajasthan DGP

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Jaipur, Nov 12: Director General of Police (DGP) Rajiv Kumar Sharma said on Wednesday that interstate borders will be strictly monitored to fight the drug cartels who are hell-bend on destroying the youth of the country.

The Rajasthan Police has also taken a significant stride toward its vision of a drug-free society, with the inauguration of the new headquarters of the Anti-Narcotics Task Force (ANTF) in Jaipur.

Director General of Police (DGP) Rajiv Kumar Sharma inaugurated the state-of-the-art facility at Jagatpura on Wednesday. The new office is expected to provide fresh impetus to the state’s intensified campaign against drug trafficking and substance abuse.

Addressing the media, DGP Rajiv Sharma highlighted the ANTF’s strengthened strategy to counter drug trafficking across the state.

He informed that 18 ANTF checkpoints are being established, out of which 10 are already functional. The task force, he said, will be equipped with advanced resources and technology to ensure a strong crackdown on the illegal drug trade.

He added that a coordinated approach has been launched involving central and state enforcement agencies to ensure a comprehensive fight against narcotics.

“Anti-drone systems have been deployed along interstate borders to curb drug smuggling, while the BSF and Rajasthan Police are jointly working to tighten border surveillance,” he said.

Sharma emphasised that while local police units will also participate in anti-drug operations, the ANTF will function as a dedicated and specialised force, devoting its full capacity to the mission.

He further warned that strict action will be taken against criminals who exploit minors for drug trafficking under the new legal provisions.

The inauguration began with a puja ceremony, followed by DGP Rajiv Sharma formally cutting the ribbon to open the ANTF headquarters.

Inspector General (IG) ANTF Vikas Kumar welcomed the DGP and gave him a detailed tour of various branches of the unit. He also presented an overview of the ANTF’s major operations and achievements to date.

In-charges of 10 operational ANTF checkpoints, including those in Sriganganagar, Jodhpur, Barmer, and Jalore, joined the event virtually and introduced themselves to the DGP.

The ceremony was attended by several senior officers, including DG Traffic Anil Paliwal and ADGs Dinesh MN, Hawa Singh Ghumaria, Bhupendra Sahu, VK Singh, Vishal Bansal, Bipin Pandey, Prashakha Mathur, and Lata Manoj Kumar, along with other senior police officials.

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Mumbai Press Exclusive News

Mumbai: Fake call center exposed, five arrested, used to fool American and Canadian citizens in the name of providing loans

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Mumbai: The Mumbai Police has claimed to have busted a gang of fraudsters in the Miland area who were duping American and Canadian nationals through a fake call center and charging them processing fees for obtaining bank loans. Senior Police Inspector Ajay Joshi of the Miland Police Station received information that a person named Sagar Gupta was running a call center with his four associates in a residential building in Miland and he was calling American and Canadian nationals for loans and then charging them $90-100 as processing fees for obtaining payday loans. The police raided the call center and seized two laptops, 11 mobile phones, two routers and other documents, arresting a total of five people. The police have registered a case under the IT Act and cheating against them and started investigation.

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