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HC asks Centre to file affidavit on PM CARES fund in two weeks’ time

Petition seeks transparency on funds received and spent, appointment of more trustees for proper checks

The Nagpur Bench of the Bombay High Court on Tuesday directed the Union Government to file an affidavit in a plea seeking declaration of funds received by Prime Ministers Citizens Assistance and Relief in Emergency Situation (PM CARES), a public charitable trust created by the government amid the COVID-19 pandemic.

A Division Bench of Justices S.B. Shukre and A.S. Kilor was hearing a petition filed by advocate Arvind Waghmare seeking a direction to the government to periodically declare funds received and their expenditure on its website. It sought that at least two members from Opposition parties be appointed or nominated to the trust for proper checks and transparency.

The petition stated that “the PM CARES trust, with Prime Minister Narendra Modi as its chairperson and ministers from departments of Defence, Home and Finance as its members, was created with the prime objective of dealing with the emergency or distress caused by the coronavirus.”

It further said, “It was created in order to have financial assistance from people in the country, and also from overseas, to provide relief and assistance to those affected by COVID-19 pandemic.”

As per the guidelines of the PM CARES Fund, apart from the chairperson and three other trustees, the chairperson had to appoint or nominate three more trustees. However, since its formation on March 28, no appointment has been made, the petition claimed.

The petition said, “In order to fortify and strengthen the general public’s faith and confidence, it is necessary to issue a direction to the government to declare the funds collected by PM CARES trust till date, and how the same have been used for the benefits of citizens affected by the [novel] coronavirus.”

Opposing the plea, Additional Solicitor General Anil Singh said a similar petition against the setting up of the PM CARES fund had been dismissed by the Supreme Court in April. The Bench, however, said this petition was seeking different relief, and directed the Union government to file an affidavit within two weeks.

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