PIL Filed in the Bombay HC To Disclose the Amount Collected in PM-CARES Fund

Must Read

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA)....

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Follow us

The Nagpur bench of Bombay High Court heard a PIL filed by Advocate Arvind K. Waghmare. The petitioner prays for the disclosure of the amount collected in the PM-CARES fund. Additionally, he requests its audit by the Comptroller & Auditor General (CAG) of India.

Contentions of the Petitioner 

The petitioner insisted on directions on the PM-CARES fund created by the Union Cabinet on 28.03.2020. He sought details about the Public Charitable Trust created via a Trust Deed. However, the PIL clarified that it does not seek to challenge the validity of the fund or request a probe. In this, it differs from the various other PILs filed at the Apex Court on it. Thus, the principle of res judicata does not come into play.

The PIL stated that the petitioner had full right to know about its exact position. This was because of him being a citizen of India and a small donor to the fund. The petition also listed the donations made which included Rs. 1500 crores by Tata Groups, Rs. 1125 by Aziz Premji Foundations and Rs. 500 crores collectively by the Army, Navy and Air Force. Besides, government employees donated one day’s payment of their salaries toward the same. It submitted that according to the reports, the fund had generated an amount of more than Rs.6500 crores in 7 days. Hence, the petition estimated that the fund has approximately collected Rs. 50000-100000 crores till date. In addition, there was direction of the grants of USD 2.9 million from USA and USD 1.5 Billion to the fund. Yet, the citizens are not aware about the collection of the fund created to fight the pandemic.

Prayer of the Petitioner 

The Hon’ble Prime Minister is the chairperson of the fund. He can nominate 3 Trustees from the field of research, health, science etc. to the fund. However, the same is not done. The PIL stated that a public charitable trust cannot run without full Board of Trustees. This is against the settled judicial norms. Thus, the petition deemed it necessary to direct the government to nominate them. The PIL also prayed that two such members should be from opposition parties at Lok Sabha and Rajya Sabha. This is a must to establish transparency and have a proper check balance. 

The petition also highlighted the current migrant crisis ongoing in the country. Lakhs of migrant labours remain stranded in different parts of the country. They have lost their lives due to lack of food and transport. It brought to notice the recent incident at Aurangabad-Jalana Railway Track on 08.05.2020. It has claimed the lives of 15 laborers. The PIL submitted that the under-privileged class was not taken care of. This was despite having crores of rupees in the PM-CARES fund. It stated that the trust failed to provide required help to the affected population.

The petition prayed to immediately make public the amount generated in the fund. This should be by uploading of data on the official website of pmcares.gov.in. This will strengthen trust, worthiness and confidence in the fund. The PIL prayed for directions for weekly updates on the donations and expenditures. The fund must disclose both on the public domain. It states that the CAG holds necessary powers to audit the fund. Hence, the Court must empower the CAG to do the same, instead of independent entities. The PIL urged that there is a possibility of mishandling of the fund. This was possible if the directions requested are not made available .

Current Position 

The Bench has on June 2 issued a notice to the UOI. It is via the principal secretaries of Home, Defence and Finance ministries. The Court has called them in their capacity as ex-officio members of the PM-CARES fund. The Court gave the UOI two weeks to reply. 


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

 

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

More Articles Like This

- Advertisement -