The Bombay High Court on Monday, 13 December, directed the Union government to respond to a Public Interest Litigation (PIL) seeking directions to remove the word ‘Prime Minister’ and PM Narendra Modi’s photo from the PM CARES fund’s trust deed and official website.
Filed by Vikrant Chavan, the district president of Thane’s Congress unit, the petition also seeks removal of the State emblem of India and the national flag, calling it a violation of the Emblems and Names (Prevention of Improper Use) Act, 1950 and Rules, and the State Emblem of India (Prohibition of Improper Use) Act, 2005 and Rules.
A division bench of Chief Justice Dipankar Datta and Justice MS Karnik directed the Union government to file their reply to the petition by 23 December and kept the matter for hearing on 3 January 2022.
Additional Solicitor General (ASG) Anil Singh told the court that a reply on record is not there, but assured the bench that a response would be filed.
Singh also asked the court to place the matter beyond the Christmas vacation.
However, CJ Dutta countered and said, "This is also an important issue, Mr Singh", directing the government to file its reply by 23 December, LiveLaw reported.
The plea also states that the PM CARES Fund claims to be a charitable trust without any budgetary support with PM Modi as its ex-officio chairperson. The Minister of Defence, Minister of Home Affairs, and Minister of Finance are ex-officio trustees.
However, all members are appointed in their personal capacity despite being referred to by their official designation.
The plea further added that up to 31 March 2020, the trust claims to have collected Rs 3,076 crore.
In September, the Delhi High Court was informed through an affidavit filed by Pradeep Kumar Srivastava, an Under Secretary at the Prime Minister's Office (PMO), that the Prime Minister’s Citizen Assistance and Relief in Emergency Situation Fund (PM CARES Fund), is not a Government of India fund and the amount collected by it does not go to the Consolidated Fund of India.
(With inputs from LiveLaw.)
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