Bombay HC issues notices to Union Government on PM-CARES fund

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On Tuesday, the Nagpur bench of Bombay HC issued notices to all trustees of PM-CARES Fund & the Union Govt asking them to submit details of the amount collected & utilisation of the funds.

The Bench was hearing a plea filed by a Nagpur-based lawyer, Arvind Waghmare, who sought the Govt to periodically declare the amount collected under the ‘PM-CARES Fund’ on Govt’s website for the knowledge of the common public. He also prayed for fund’s audit through the Comptroller & Auditor General (CAG) instead of an independent auditor to be nominated by a board of trustees.

However, the Union Govt counsel, Additional Solicitor General Anil Singh, opposed the move & sought dismissal of the plea.

Keeping in mind the need for having a dedicated national fund with the primary objective of dealing with any national emergency or distress situation – like the one posed by the Covid-19 pandemic – & to provide relief to the affected, a public charitable trust ‘Prime Minister’s Citizen Assistance & Relief in Emergency Situations Fund (PM-CARES Fund)’ was set up.

Additional Solicitor General Anil Singh informed a division bench of the Court, comprising Justices SB Shukre & Kilor, that the Apex Court had in April dismissed a similar plea against the PM-CARES fund. The bench noted that the plea before it sought different reliefs, & directed the Union Govt to file an affidavit in response to the plea within two weeks.

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The Court said that “File an affidavit stating whatever is your (Union Govnt) stand”.

As per the petiton, the PM-CARES Trust, with PM as its chairperson & ministers from departments of Defence, Home & Finance as its members, was created with the prime objective of dealing with the emergency or distress caused by the coronavirus. The trust was created seeking financial assistance from people from across the country & overseas to provide relief & assistance to those affected by Covid-19 pandemic, it said.

Waghmare contended that certain guidelines were issued while setting up the fund that specifically mentioned that apart from the ex-officio chairperson & ex-officio trustees, three more trustees will be appointed/nominated on the trust. However, three other trustees have not been appointed yet, but donations to the tune of crores of rupees are being accepted. The petitioner demanded that at least two members from the Opposition parties should be included in the trust.

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