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