Centre to SC: 'Real motive is to question probe against president, office-bearers of Cong'

The Central government has told the Supreme Court that the PIL challenging the extension of tenure of Director of Enforcement Directorate (ED) Sanjay Kumar Mishra has been filed with the intention of protecting Congress leaders who are facing money laundering charges.

In a counter affidavit, the Centre said the PIL, is clearly motivated and is admittedly intended to scuttle the legitimate statutory investigation being carried out by the ED against certain politically exposed persons. "The real motive of the petition is to question the investigation being carried out against the president and certain office-bearers of Indian National Congress (INC)...," it said.

It further added that the petitioner, who is general secretary of the Madhya Pradesh Mahila Congress Committee, has filed the petition espousing the cause of her political masters.

The Centre stressed that there is no embargo that the term of director, CBI or ED cannot be more than two years. It stressed that the petition has been filed to ensure that ED does not and cannot discharge its duties fearlessly, and also the petitioner failed to disclose the case of money laundering under investigation against leaders of the party.

Pointing at the petitioners -- Randeep Singh Surjewala (INC), Jaya Thakur (INC), Saket Gokhale and Mahua Moitra (Trinamool Congress) -- the affidavit said the eminent leaders of these parties are under investigation of ED.

"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 law which is reflected from the fact that in most of the cases, either the competent courts have taken cognizance of the offence of constitutional courts have refused to grant any relief to such leaders of the above political parties," said the affidavit.

The affidavit further added that the petitioner espouses 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.

"The present 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 Indian National Congress, who are being investigated by the ED, and are otherwise fully competent to approach respective courts for appropriate statutory relief and remedy under the Code of Criminal Procedure," it said, adding that the present petition is clearly motivated by an oblique personal interest rather than any public interest and it should be dismissed.

The Centre emphasized that the apex court has time and again held that the remedy of public interest litigation should not be used for political or personal interest and should not become a tool at the hands of vested interests for their political or personal gain.

In a counter affidavit filed on February 24, in response to a plea filed by Congress leader Jaya Thakur, who has challenged the third extension granted to Mishra. The plea contended that it was in violation of the top court's orders and "is destroying the democratic process of our country".