The Narendra Modi government, today, mounted its defence of the PM Cares fund in Supreme Court that the mere existence of the similar funds such as the National Disaster Response Fund (NDRF), does not come in the way of creation of a different fund.
However, the counter-affidavit filed by the Centre was silent on concerns in the Public Interest Litigation (PIL) over how PM-Cares Fund was not subject to either a CAG Audit or the RTI Act.
The Centre filed its counter-affidavit to a PIL in SC filed by the Centre for Public Interest Litigation (CPIL). The PIL has submitted that PM Cares Fund is not subject to a mandatory CAG audit. The PIL has also red-flagged that PM Cares does not fall under the ambit of the RTI act.
The PIL cites a reply to an RTI, by the PMO, which states that PM cares is not a public authority and, therefore, does not fall under the ambit of the RTI. The PIL also claims that the Centre that has refused to divulge information about crores that people of India have contributed towards the PM Cares fund.
The PIL also seeks for transfer of funds from PM Cares to the NDRF. The plea argues that all future contributions to also be credited to the NDRF. In its response, the Centre has argued that the plea seeking transfer of funds from PM Cares to NDRF is not maintainable.
The government argues that as per the Disaster Management Act, the NDRF does exist. The government affidavit, however, points out that the money with the NDRF is deposited only as a budgetary allocation by the Centre. The Centre also clarified that no private contributions are accepted by the NDRF. Centre draws the distinction that PM Cares Fund can accept voluntary contributions.
The government submitted that various funds have been created and are operational in times of disasters for conducting relief operations. Centre argues that PM Cares is another such disaster fund aimed at relief work.
The Supreme Court is likely to hear the PIL next week.
First Published: Jul 9, 2020 6:55 PM IST
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