Additional solicitor-general S V Raju, appearing for the ED, said there were certain countries that were trying to ensure that India fell into the grey list of the FATF (the Financial Action Task Force, the global organisation policing international money-laundering and other financial crimes)), and Mishra’s expertise was required in view of the ensuing visit. Raju said he was refraining from taking the names of the countries that wanted India pushed to the grey list. Raju has a valid point.

But at the same time, it gives rise to a question why a person who is already thrice past his tenure should be entrusted with this important task. Even if one agrees to the point that he is the only official amongst all the officers who has the expertise, then why was he not assigned with this task only? Why has Narendra Modi entrusted SK Mishra with the additional task of hounding and terrorising his political opponents and critics? Obviously, the two tasks are not of similar nature and Mishra harassing Modi’s critics lays bare Modi’s real intentions behind keeping him on as the director of the ED.

During RSS and BJP rule, loud proclamations of a threatened national interest and harping on nationalism have acquired the centre-stage of governance. A number of Modi’s critics are in jail on the charges of sedition. On July 27, while requesting the top court for extension to Mishra, Modi government was playing the same card, falling back on national interest. Clearly, protection and upholding the basic human rights and not to allow it to be trampled by an oppressive government do not merit priority.

The Centre’s argument also underscores the culture of lies that has been imbedded by PM Modi in governance and the body politick has even made the judiciary to subscribe to its argument and grant extension to Mishra. If FATF was important for the prestige and image of the country, Modi government on July 11 should have put its entire argumentative might behind it and sought the extension on this issue, as it did later on July 27. In an astute move, the Modi government did not argue this issue aggressively on July 11. On that day, the SC bench had said in view of the peer review being conducted by the FATF this year and to enable smooth transition, Mishra's tenure will be till July 31.

If according to the Modi government Mishra’s continuation was really important, then on that day it should have strongly argued and convinced the court. But, no. By not pressing, it kept its options open. With the formation of the 26-party opposition front INDIA, Mishra is the best bet for Modi to unleash reign of terror on the opposition.

While the top court questioned the Modi government for seeking an extension, it also asked if the entire department is “full of incompetent people" except the incumbent chief and sought to know from Solicitor General Tushar Mehta: “Are we not giving a picture that there is no other person and the entire department is full of incompetent people?" The SC should have sought detail status of the project and also an undertaking from Modi government that Mishra should not work as the executor of Modi’s incongruous diktats and harass the opposition leaders.

The people of the country have been witness to the ruthless use of the ED by Modi for terrorising and victimising his adversaries, irrespective of the sector to which they belong; politics, academics, civil society, independent media. Basically his method to misuse the ED had forced the petitioners to move the apex court.

According to Modi government, Mishra been engaged in the preparation of documents and fulfilling other requirements for mutual evaluation of the FATF since the beginning of the year 2020. Obviously, some more top officials would certainly have been assisting him. These officers naturally could have assisted the new ED boss. This has been usual practice. The court’s order could also be used by the state governments in having the person of the ruler’s choice in office, in spite of his being superannuated.

Only a couple of years back, Alapan Bandyopadhyay, West Bengal chief secretary, was recalled by the central government and deputed to the Ministry of Public Grievances and Pensions. He was penalised for arriving late along with the chief minister Mamata Banerjee at the meeting with Narendra Modi on the impact of Cyclone Yaas. After the latest order, any chief minister could move the court for getting the desired benefit.

On July 11, the Supreme Court had held that two extensions given to Mishra in November 2021 and November 2022 were illegal. It had, however, permitted him to continue at the post till July 31. Obviously, one hopes that on that day the court must have looked into the FATF issue. Quite significantly, yesterday the Senior advocate A M Singhvi, for a petitioner, said the government’s application was a “review in disguise” of the July 11 verdict. “It is very sad to see the Centre saying the future of the country is on one man’s shoulders. It is the Ministry officials, the Secretary of Revenue, and not ED Director, who engages with the FATF,” Singhvi submitted.

Senior advocate Anoop Chaudhary, also on the petitioner side, highlighted the incongruity of a man whose continuity was declared illegal by the top court engaging with the FATF. “Will this not affect the country’s image? The ED Director is only a small cog in the constitutional machinery. Let us not make him into a constitutional figurehead on whom the future of this country depends,” he said.

Mehta countered that some of the submissions were intent to give the country a bad name. He clarified that what the government wanted to convey was that Mishra’s continuation in office would help the country make an effective presentation in the FATF review. It is astonishing how a move, which counters Modi’s repressive designs, should be attributed as giving a bad name to the country?

Even before the July hearing, the apex court had said that Mishra’s tenure was extended by the Centre despite an earlier mandamus in a PIL filed by the NGO Common Cause that he shall not be granted any further extension beyond November 2021. Justice B.R. Gavai, heading the bench, asked solicitor-general Tushar Mehta during a special hearing observed: “We want to know, is the entire department full of incompetent people? Let’s say if I am the CJI, will the Supreme Court collapse if I am not able to continue as CJI?”

Justice Gavai recalled that in the July 11 judgment the court had clearly ruled that Mishra’s earlier extension was illegal and invalid and as a natural corollary his continuance was illegal from the date of the judgment. The bench wondered how the Centre could again come with an application for an extension. Even at this stage, the court can segregate the FATF task from the regular responsibilities of the ED and direct the government to bring a new ED and let Mishra complete the FATF task.

Being in the FATF grey list means a country is not doing enough to check financial crimes, something which may adversely affect its standing in the global community. Raju added if extension is not granted, it will lead to damage to reputation, affect money laundering investigation and negatively impact the image of the country. It would be naïve to believe that Mishra would brighten the image of India and erase the stigma within 45 days of his stay.

What a coincidence then that the day Supreme Court gave the extension to Mishra, speaking at a rally in Rajasthan, Modi made his intentions clear of cracking a whip on the Congress leadership. He warned the Congress leadership: "It is said that this 'red diary' of sacked minister Rajendra Gudha contains records of the dark deeds of the Congress government. People are saying that if the pages of the 'red diary' are opened, achhe achhe nipat jayenge (many big names will be in the dock)".

Modi said the “dark deeds” recorded in the document will cause the Congress’s defeat in the year-end assembly elections, emphasising that the “red diary” was a fresh product of the Congress’s “loot ki dukan”, and said the Congress will be defeated in the upcoming assembly elections. “In the name of running the government in Rajasthan, Congress has set up a ‘loot ki dukan’ in a ‘jhooth ka bazar’ (market of lies). The latest product of this ‘loot ki dukan’ is Rajasthan’s red diary,” Modi said. (IPA Service)