Solicitor General Tushar Mehta told a bench presided by Justice B R Gavai that 2023 is important for India as the country’s performance in implementing FATF guidelines will be assessed this year. The Supreme Court on Monday reserved its judgment on a plea challenging the extension in service given to Director of Enforcement Directorate (ED) S K Mishra with the centre stating that it was done due to pending peer review by Financial Action Task Force (FATF) and that he will retire in November this year. Solicitor General Tushar Mehta told a bench presided by Justice B R Gavai that 2023 is important for India as the country’s performance in implementing FATF guidelines will be assessed this year. Though it was supposed to be held in 2019-20, the same was shifted on account of the Covid-19 pandemic. The bench also comprising Justices Vikram Nath and Sajay Karol was hearing petitions which contended that the extension was in violation of the top court’s September 8, 2021, ruling. The SC while refusing to interfere with a government decision to extend Mishra’s tenure from two to three years had then said that no further extension shall be granted to him beyond that date. During the hearing Monday, Justice Gavai who was part of the 2021 judgment remarked that he is of the prima facie view that the case was not rightly decided and requires reconsideration. He said the matter did not involve the question of extension then. Justice Gavai was responding to submissions by Additional Solicitor General S V Raju who sought to draw a distinction between an initial appointment and extension. Raju contended that the 2021 judgment only dealt with the initial appointment. Defending the extension, Tushar Mehta told the court that “continuity would help” the country as regards the FATF review which was why Mishra was retained. The senior law officer said Mishra “has been overseeing some important investigations related to money laundering and his continuity was required in the interest of the nation”. He added that Mishra’s term will come to an end in November after which he will not remain in service. Justice Gavai asked if the agency will stop functioning without one person. Mehta responded that the absence of one person will not make any agency stop working, but presence of a leader would make a difference. The SG said that ED Director’s post is not a promotional post… “it is a very rigorous process and a person is selected from a common pool of officers from IAS, IPS, IRS or others and he is to be in the rank of additional chief secretary”. Mehta added that Mshra is not the Director General of Police but represents the country internationally. He submitted that Parliament had taken a conscious call on the appointment. On SC’s 2021 judgement, the SG said it was not a mandamus in strict sense but was issued in the context of statutory framework which existed at the time. After the 2021 judgment, Centre, through an ordinance, amended the Central Vigilance Commission Act, 2003, enabling itself with power to extend ED Director’s tenure up to five years.