Dismissing a petition filed by NGO Centre, the
Supreme Court said no order could be issued for transferring PM Cares Fund to
NDRF.
On Tuesday, the Supreme Court of India dismissed a petition filed by NGO
Centre for Public Interest Litigation, seeking the transfer of PM CARES Fund to the National Disaster Relief Fund (NDRF). The apex court said that the money deposited in
PM Cares which is PM’s Citizen Assistance and Relief in Emergency Situations
Fund need not be transferred to the NDRF, and also stated that no order could
be issued for doing so.
Plea seeking transfer of PM
CARES Fund, quashed by SC:
In light of the coronavirus pandemic, the NGO had moved to court, claiming that to date, the Centre has refrained from divulging information about the money contributed to the PM Cares Fund. The top court, however, quashed the petition and said that the 2019 Disaster Management plan was sufficient for managing the pandemic. The Supreme Court further stated that voluntary contributions could always be made to NDRF.
PM CARES, is a fund with
voluntary donations, says Centre:
The Centre had set up the PM
Cares Fund, to combat with the novel COVID-19 pandemic, in March 2020. During
the hearing, the Centre’s defense said, ”Transferring the funds is neither
maintainable on merits nor is otherwise maintainable under Article 32 as all
funds other than the funds stipulated under Section 46 of DM Act, 2005 are
separate, different, and distinct, created separately under separate
provisions. There does exist a National Disaster Response Fund as stipulated under Section 46 of DM Act, 2005
which so far consisted of the fund in the form of budgetary provisions made by
the Central government in NDRF and state governments and Central government in
State Disaster Response Funds without any private contribution. PM CARES is a
fund with voluntary donations, and the mere existence of a statutory fund would
not prohibit the creation of a different fund.”