ML Sharma is in the spotlight (again)
ML Sharma is in the spotlight (again)

[COVID-19] Supreme Court dismisses ML Sharma plea questioning setting up of PM Cares Fund

Debayan Roy

The Supreme Court today dismissed a PIL questioning the very basis to form a PM Cares Fund set up by Prime Minister Narendra Modi for COVID-19 relief.

A three judge Bench led by Chief Justice of India SA Bobde junked the plea filed by Advocate ML Sharma seeking quashing of the Centre's decision to set up the PM Cares Fund.

While doing so, CJI Bobde threatened to impose costs on Sharma.

Sharma argued that under Articles 266 and 267 of the Constitution, a Contingency Fund can be created by Parliament. However, in the case of the PM Cares Fund, "no notification or ordinance was issued."

However, the Bench responded,

"This is a misconceived petition...This is not about collection of revenue."

Sharma had sought a transfer of the donations received by the PM Cares Fund so far to the Consolidated Fund of India. He had also called for besides a court-monitored SIT probe into the setting up of the fund.

The plea states,

"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."

Bar and Bench - Indian Legal news