"Allahabad High Court Seeks Central Government's Response on Review Petition Challenging Legality of PM Cares Fund"
In a significant development, the Allahabad High Court has recently demanded a response from the Central government and the National Disaster Management Authority (NDMA) regarding a review petition questioning the legal validity of the PM CARES Fund (Prime Minister's Citizen Assistance & Relief in Emergency Situations Fund). The petition, titled Divya Pal Singh v Union of India & Ors, was heard by Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh. The Court has issued notices to the Union and NDMA, scheduling further consideration of the matter in the last week of July. Additionally, the Central government and NDMA have been granted the opportunity to file objections in the condonation of delay application filed by the petitioner.
Previously, the Allahabad High Court had dismissed the petition in 2020, leading the petitioner to appeal to the Supreme Court. However, in March 2022, the Supreme Court refused to entertain the appeal and instead suggested filing a review plea. Consequently, the petitioner withdrew the appeal before the top court and subsequently filed the present review petition.
The crux of the petitioner's argument lies in the contention that the PM Cares Fund was established without the enactment of any legislation, thus escaping scrutiny under the Right to Information (RTI) Act. Furthermore, the petitioner argues that the Fund undermines the provisions of the Disaster Management Act. Allegations have been made that various government ministries, agencies, and departments make tax-free contributions to the Fund on a regular basis, further weakening the Disaster Management Act. The petitioner finds it concerning that the Prime Minister sought donations and promoted the non-statutory 'PM-CARES Fund' instead of mobilizing support for the NDRF (National Disaster Response Fund), which is the statutory fund mandated to address the COVID-19 crisis under the 2005 Act. The plea asserts that the creation of the new trust (PM-CARES) contradicts both the letter and spirit of the 2005 Act and the NDRF, rendering it void ab initio.
Advocates Shashwat Anand and Rajesh Inamdar represented the petitioner in the case.
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TAGS: Keywords: Allahabad High Court Central government review petition PM Cares Fund legal validity National Disaster Management Authority (NDMA) Chief Justice response notices consideration July objections condonation of delay petitioner Supreme Court legislation Right to Information (RTI) Act Disaster Management Act contributions ministries agencies departments tax-free Prime Minister donations NDRF statutory fund COVID-19 crisis trust void ab initio advocates Shashwat Anand Rajesh Inamdar.
