SC asks states/UTs to decide on plea seeking to conduct yatras on poll awareness
The bench was told that such orders prohibit all kinds of assemblies, meetings and demonstrations during the duration of elections.
The controversy aroused over the setting up of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM-CARES) Fund, created to fight the coronavirus battle, as a PIL seeking quashing of the decision has been accepted in the Supreme Court of India. The court has listed the matter for hearing on Monday.
The petition filed by lawyer ML Sharma will be heard by a bench comprising of Chief Justice SA Bobde and Justices L Nageswara Rao and MM Shantanagoudar through video conferencing.
In his petition, Sharma seeks the transfer of funds from PM CARES to Consolidated Fund of India, and also a court-monitored SIT probe into the setting up of the Fund.
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“That cause of action arose to the petitioner on March 28, upon having press release for the formation of impugned PM-CARES Fund and appeal by the Prime Minister of India to donate funds in that trust to fight COVID-19 and aid healthcare in future without any ordinance and gazette notification by the Government of India,” the PIL petition said.
Further, the petition claimed that the trust had to be created in accordance with the Articles 267 and 266(2) of the Indian Constitution.
“Impugned trust has not either been created by Parliament/state legislator within Art 267. It is neither passed by Parliament nor approved by the President of India. There is no ordinance/gazette notification in this regard,” the PIL said.
All government expenditures, except exceptional items, are made from the Consolidated Fund of India. Importantly, no money can be withdrawn from this fund without Parliament’s approval.
The PM CARES Fund has Prime Minister as its Chairman while the Home, Defence and Finance Ministers are its ex-officio trustees.
The Fund was created on March 28 by the Prime Minister Narendra Modi to deal with emergency situations like coronavirus. It attracted a huge amount of money from donors belonging to Bollywood, politics and common people.
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