Congress’ efforts go in vain: SC refuses to transfer PM CARES Funds to NDRF, relief for BJP
The PM Cares Fund set up by the central government is not in violation of the Disaster Management Act (DM Act) of 2005, the Supreme Court ruled on Tuesday, while rejecting a plea seeking transfer of all contributions made to PM Cares Fund till date to the National Disaster Response Fund (NDRF), a statutory fund created under said act.
A three-judge bench headed by justice Ashok Bhushan held that the two funds can exist separately and individuals and organisations are free to contribute to NDRF but funds from PM Cares need not be transferred to NDRF.
“PM Cares Fund is an entirely different fund established as a public charitable trust. Funds in PM Cares cannot be directed to be deposited to NDRF,” the bench, which also comprised justices R Subhash Reddy and MR Shah, ruled.
The Supreme Court had on July 27 reserved its order on a PIL seeking transfer of money collected under the PM CARES Fund for the COVID-19 pandemic to NDRF.
Solicitor General Tushar Mehta had told the Bench that the PM CARES Fund is a “voluntary fund” while funds to the NDRF and SDRF are made available through budgetary allocations.
Senior advocate Dushyant Dave, representing petitioner Centre for Public Interest Litigation (CPIL), had said the NGO didn’t doubt the bona fides of anyone but the creation of the PM CARES Fund violated provisions of the National Disaster Management Act.
He had claimed the NDRF was being audited by the Comptroller and Auditor-General (CAG) but the government has said the audit of the PM CARES Fund will be done by private auditors.
The Centre has been defending PM Cares Funds, saying the existence of National Disaster Relief Fund didn’t prohibit the establishment of a new fund.
PM CARES Fund collected Rs 6500 crores within a few days of its launch:
The PM CARES Fund was set up by the central government on March 28 as a public charitable trust with the primary objective of dealing with any kind of emergency or distress situation such as that posed by the Covid-19 pandemic. Notably, with open-hearted donations from the public, corporates and celebrities, it collected over Rs 6500 crores within a few days of its launch.
