Begin typing your search above and press return to search.
proflie-avatar
Login
exit_to_app
Can Trump wield his big stick?
access_time 22 Nov 2024 10:39 AM GMT
election commmission
access_time 22 Nov 2024 4:02 AM GMT
Champions Trophy tournament
access_time 21 Nov 2024 5:00 AM GMT
The illness in health care
access_time 20 Nov 2024 5:00 AM GMT
The fire in Manipur should be put out
access_time 21 Nov 2024 9:19 AM GMT
America should also be isolated
access_time 18 Nov 2024 11:57 AM GMT
DEEP READ
Munambam Waqf issue decoded
access_time 16 Nov 2024 5:18 PM GMT
Ukraine
access_time 16 Aug 2023 5:46 AM GMT
Foreign espionage in the UK
access_time 22 Oct 2024 8:38 AM GMT
exit_to_app
Homechevron_rightIndiachevron_rightPM CARES Fund illegal,...

PM CARES Fund illegal, unconstitutional, says review petition against SC dismissal of PIL

text_fields
bookmark_border
PM CARES Fund illegal, unconstitutional, says review petition against SC dismissal of PIL
cancel
camera_alt

Supreme Court of India, Image courtesy: https://www.india.com

New Delhi: A review petition has been filed in the Supreme Court against its August 18 judgment that disposed of a PIL seeking to transfer the funds from PM CARES to National Disaster Response (NDRF) created under the National Disaster Management Act, 2005.

The petitioner said that the court had rejected petitions challenging the competence of creating "PM Cares Fund" without assigning any reasons. The petitioner said that the judgement has overlooked or ignored the procedures mandated under the Constitution of India while creating any trust.

The petition pointed out that the judgment is a kind of kingship by "allowing the shelter of private auditors or charter accountants in affairs of the PM Cares Fund, which is in gross ignorance to the nature of audit done by private Chartered Accountants as against the Constitutionally appointed Comptroller & Auditor General of India (CAG), whose report is required to be placed before the Parliament for scrutiny by members of Parliament.

The petitioner warned that the audit by private CAs "may often permit many office expenses, fictitious charities or even further donations to other trusts/persons, which are otherwise not permitted in any government audit.

"That under Indian law, it is open secret that there are many sham trusts created for unlawful purposes, such as tax evasion, intent to defraud creditors, or other fraudulent purposes. At times, the sham trust is appointing a "puppet" trustee who is selected simply to give effect to the creator's wishes," the petition reads.

The three-member bench, the petition says, has illegally conferred executive functions on PM CARES FUND authority without following due process of law for enactment through Parliament.

The petition said that creation of PM CARES Fund in the name and trusteeship of any of the Council of Ministers is against the provisions of the Constitution which require the Government of India to be run either through President himself or through the Secretary to the Government of India.

Show Full Article
TAGS:#Supreme Court#India#PM CARES Fund#NDRF
Next Story