Feed and grow fish mods
Surjewala said in the present case, the government has completely overlooked the directions and principles laid down and reiterated repeatedly by this court regarding the fixity of tenure as well as the extension of tenures, which as per this court are to be limited "only to rare and exceptional cases" and can only be provided for a short period of time. He also alleged that the security for the establishment is being ensured by the government through these ordinances.Īlleging that they are designed to defeat a judicial pronouncement, the Congress leader said the ordinances and notification reveal a clear abuse of power by the government and also a flagrant contravention of the observations of this court. Surjewala has alleged that the impugned ordinances and notification have the effect of increasing the dependence of agency chiefs based upon the subjective satisfaction of the appointment authority each year. "It would thus mean that each permissible extension will be at the discretion and the subjective satisfaction of the appointing authority," he said. The CBI and ED directors had a fixed tenure of two years but can now be given an extension each year as long as the cumulative extension is not beyond five years from the initial date of appointment, the Congress leader said. Surjewala also alleged that the extension of tenure in this "ad-hoc and episodic fashion" reaffirms the control of the Executive over investigative agencies and is "directly antithetical" to their independent functioning. This has the direct and clear impact of eroding the independence of the investigative bodies in question," he said in the petition. "There are no criteria provided, save for a vague reference to 'public interest' and is in fact, based on the subjective satisfaction of the respondents. These ordinances empower the Government of India to provide "piecemeal extensions" of one year each to the tenures of the directors of ED and CBI following the conclusion of the fixed terms provided in their statutes, Congress general secretary and chief spokesperson Surjewala claimed. He said the ordinances reveals the "clear abuse of power" by the authorities.
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The Congress leader has also sought from the court an interim relief, alleging that the ordinances violate court orders issued from time to time to ensure the independence of such institutions and that such institutions be kept away from any extraneous considerations. He has moved the plea against the Central Vigilance Commission (Amendment) Ordinance, 2021, and the Delhi Special Police Establishment (Amendment) Ordinance, 2021, of November 14 along with the Personnel Ministry's November 15 notification amending the fundamental rules which enable the government to extend the tenures of ED, CBI chiefs, as also of the defence, home and foreign secretaries.
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Congress leader Randeep Surjewala on Thursday moved the Supreme Court challenging the Union government's ordinances extending the tenures of Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) chiefs from two to up to five years.