PM Cares' money ineligible to be transferred to NDRF: Center in Supreme Court

- 'There is no problem in creating another fund like PM Care Fund which provides voluntary donation facility in the presence of any legal fund'

New delhi date. 10 July 2020, Friday

Defending the creation of PM Care Fund in the Supreme Court, the central government said that the presence of a legal fund under the Disaster Management Act alone would not make it illegal to open another fund with voluntary donations. In addition, the suggestion that funds deposited in the PM Care Fund should be transferred to the NDRF was also opposed by the Center.

Hearing by a three-judge bench
A bench of Justice Ashok Bhushan, Justice Sanjay Kishan Kaul and Justice MR Shah heard the petition filed by the NGO Center for Public Interest Litigation (CPIL) in the Supreme Court. The bench had kept the Centre's affidavit on record and directed Solicitor General Tushar Mehta to give a copy of it to senior advocates Kapil Sibal and Abhishek Manu Singhvi, who are fighting on behalf of the NGO.

Demand for fund transfer in NDRF
CPIL, in its petition, had argued in the Supreme Court that it should direct the Central Government to use the funds deposited in the NDRF to assist migrant laborers. At the same time, he urged individuals and organizations to deposit all types of donations not in the PM Care Fund but in the NDRF.

Argument of Central Government
In its affidavit, the central government said, "Many funds for various types of relief work have been set up before or are now set up. The PM Care Fund is one such fund in which voluntary contributions are made. There is a fund called NDRF under Section 46 of the Disaster Management Act. But there is no problem in creating another fund like PM Care Fund which provides voluntary donation facility in the presence of any legal fund.

The affidavit also said that the unexpected nationwide cooperation of the Central Government, all state governments, local bodies and citizens could not be underestimated due to the criticism of some people in the affidavit.

NGO's demand is inappropriate: Home Ministry
The affidavit filed by the Union Home Ministry said that directing the central government to transfer funds from the PM Care Fund to the NDRF through a public interest litigation was an unreasonable request and did not comply with Article 32. The Central Government stated that all funds other than those created under Section 46 of the Disaster Management Act 2005 are separate, distinct and specialized which have been created separately under other provisions.

Existence of PM Care Fund
The central government on March 28 set up the Prime Minister's Citizen Assistance and Relief in Emergency Situations (PM CARES) fund to help cope with emergencies like the Covid-19 epidemic.