Bar and Bench: Allahabad: Monday, 22 May 2023.
The Allahabad High Court on May 19 sought the response of the Central government and the National Disaster Management Authority (NDMA) in a review petition challenging the legal validity of the PM CARES Fund (Prime Minister's Citizen Assistance & Relief in Emergency Situations Fund) [Divya Pal Singh v Union of India & Ors].
A bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh issued notices to the Union and NDMA and posted the matter for further consideration in the last week of July.
The Court also granted liberty to the Central government and the NDMA to file objection in the condonation of delay application moved by the petitioner.
In 2020, the Allahabad High Court had dismissed the petition after which the petitioner had filed an appeal before the Supreme Court.
In March 2022, the Supreme Court refused to entertain the appeal but suggested the petitioner to file review plea instead.
The petitioners then withdrew the appeal before the top court before filing the present review petition.
The case of the petitioner is that the PM Cares Fund was established without without passing any legislation to that effect, and that it was kept beyond the scrutiny of the Right to Information (RTI) Act. The PM CARES Fund weakens the Disaster Management Act, it was submitted.
The petitioner has alleged that contributions from various ministries, agencies and departments of the government flow into the Fund without tax, almost on a regular basis and weakens the Disaster Management Act.
It is astounding that the Prime Minister was seeking donations and promoting the non-statutory ‘PM-CARES Fund,’ instead of seeking aid and promoting the NDRF, which is the statutory fund under the 2005 Act, needed to combat the COVID-19 crisis, and the same cannot be justified, the petitioner has said.
"The office of the Prime Minister is not only bound in law, but also in conscience, to carry out the object and mandate of the 2005 Act in its very letter and spirit. Accordingly, the new trust (PM-CARES), in pith and substance, being contrary to the 2005 Act and the statutory fund (NDRF) thereunder as well, is void ab initio," the plea stated.
Advocates Shashwat Anand and Rajesh Inamdar appeared for petitioner.
[Read Order]
The Allahabad High Court on May 19 sought the response of the Central government and the National Disaster Management Authority (NDMA) in a review petition challenging the legal validity of the PM CARES Fund (Prime Minister's Citizen Assistance & Relief in Emergency Situations Fund) [Divya Pal Singh v Union of India & Ors].
A bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh issued notices to the Union and NDMA and posted the matter for further consideration in the last week of July.
The Court also granted liberty to the Central government and the NDMA to file objection in the condonation of delay application moved by the petitioner.
In 2020, the Allahabad High Court had dismissed the petition after which the petitioner had filed an appeal before the Supreme Court.
In March 2022, the Supreme Court refused to entertain the appeal but suggested the petitioner to file review plea instead.
The petitioners then withdrew the appeal before the top court before filing the present review petition.
The case of the petitioner is that the PM Cares Fund was established without without passing any legislation to that effect, and that it was kept beyond the scrutiny of the Right to Information (RTI) Act. The PM CARES Fund weakens the Disaster Management Act, it was submitted.
The petitioner has alleged that contributions from various ministries, agencies and departments of the government flow into the Fund without tax, almost on a regular basis and weakens the Disaster Management Act.
It is astounding that the Prime Minister was seeking donations and promoting the non-statutory ‘PM-CARES Fund,’ instead of seeking aid and promoting the NDRF, which is the statutory fund under the 2005 Act, needed to combat the COVID-19 crisis, and the same cannot be justified, the petitioner has said.
"The office of the Prime Minister is not only bound in law, but also in conscience, to carry out the object and mandate of the 2005 Act in its very letter and spirit. Accordingly, the new trust (PM-CARES), in pith and substance, being contrary to the 2005 Act and the statutory fund (NDRF) thereunder as well, is void ab initio," the plea stated.
Advocates Shashwat Anand and Rajesh Inamdar appeared for petitioner.
[Read Order]
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