Wednesday, September 27, 2023

Centre defends decision to extend ED director’s tenure in SC, says plea challenging ‘motivated’


New Delhi: The Centre has defended its decision to extend the tenure of the director of the Enforcement Directorate and said that petition challenging it is motivated and urged the top court to dismiss the plea.

The Centre government submission came on an affidavit filed countering the submission of the petition challenging the extension of the ED director.

The government told the Supreme Court that the petition challenging the extension of ED tenure is without merit, and urged the top court to dismiss it.

Centre informed the apex court that the petition is clearly motivated by an oblique personal interest rather than any public interest litigations.

The Centre also said that the petition is a misuse of Article 32 of the Constitution, which is clearly being filed in a representative capacity for and on behalf of the President and the office bearers of the Indian National Congress, who are being investigated by ED and are otherwise fully competent to approach respective courts for appropriate statutory relief and remedy under the Code of Criminal Procedure.

Centre said the petition has been filed for espousing the cause of her political masters when there is nothing barring the concerned persons who are under investigation from approaching the competent court for any appropriate relief.

Centre submitted that the present Writ Petition, styled as a Public Interest Litigation, is clearly motivated and is admittedly intended to scuttle the legitimate statutory investigation being carried out by the Directorate of Enforcement against certain politically exposed persons.

Centre said that the real motive of the petition is to question the investigation being carried out against the President and certain office bearers of the Indian National Congress Party.

Centre submitted that It is a well-known fact that the menace of corruption, black money and international financial crime and its intricate links with drugs, terrorism and other criminal offences pose a serious threat to national security and the stability of the financial systems of our country. Further, corruption in public life often has the consequence of the economic and social rights of common people being violated.

“The spectre of corruption at times totally erodes the confidence of people in the systems that are meant to provide them good governance. Effectively tackling corruption is therefore essential for the realization of economic and social rights of people and for maintaining their faith in institutions and governance,” Centre said.

“It is respectfully submitted that certain leaders of the aforesaid political parties are under investigation of the Directorate. The investigation is strictly going on in accordance with the law which is reflected from the fact that in most of the cases, either the competent Courts have taken cognizance of the offence or Constitutional Courts have refused to grant any relief to such leaders of the above political parties,” the affidavit read.


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