‘National Disaster Mitigation Fund Not Yet Established; PM CARES Fund Set Up for Dealing with Any Kind Of Emergency Distress’. Contempt Plea Against Prime Minister Modi, HM Amit Shah.
(Judicial Quest News Network)
A contempt plea has been filed in Apex Court against Prime Minister Narender Modi, Union Finance Minister Nirmala Sitharaman and Union Home Minister Amit Shah for deliberately avoiding the orders of the top court issued in 2016 for formulation of National Disaster Mitigation Fund (NDMF).
The petition is filed by Dr Sanjay Nilkhantrao Lakhe Patil from Maharashtra.
It is submitted that there has been “wilful disobedience’ on the part of the respondents in complying with the directions of the top Court issued in 2016 verdict Swaraj Abhiyaan vs Union of India.
In that order the Supreme Court had directed that Keeping all the factors
mind we issue the following
1. As mandated by Section 44 of the Disaster Management Act, 2005 a National Disaster Response Force with its own regular specialist cadre is required to be constituted. Unfortunately, no such force has been constituted till date. Accordingly, we direct the Union of India to constitute a National Disaster Response Force within a period of six months from today with an appropriate and regular cadre strength.
2. As mandated by Section 47 of the Disaster Management Act,
2005 a National Disaster Mitigation Fund is required to be established.
Unfortunately, no such Fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund with in a period of three months from today. 3.SectionlloftheDisasterManagementAct,2005requiresthe formulation of a National plan relating to risk assessment, risk management and crisis management in respect of a disaster. Such a National Plan has not been formulated over the last ten years’ although a policy document has been prepared’ We can appreciate that the formulation of a National Plan will take some time but surely ten years is far too long for such an exercise. Accordingly, we direct the union of India to formulate a National Plan in terms of Section 11 0f the Disaster Management Act, 2005 at the very earliest and with immediate concern.
4. The Drought Management Manual is undoubtedly a meaningful and well-researched document. However, in view of the submissions made before us by learned counsel for the parties, we are of theopinionthatsincetheManualwaspublishedin200g several new developments have taken place and there is a need to revise the contents of the Manual. We direct that the Manual be revised and updated on or before 31′. December, 20|6′ While revising and
updating the Manual, the Ministry of Agriculture in the union of India
should take into consideration the following factors apart from others:
.(i)Weight a get obe given to each of the four key indicators should be determined to the extent possible. Although the Manual states that rainfall deficit is the most important indicator, State Governments seem to be giving greater weightage to the area of crop sown out of the cultivable area
and not to rainfall deficit. For this reason, necessary weightage is required to be given to each key indicator.
Patil states that he had received an E-mail in March this year demanding donation into the PM Cares Fund. However, it averred that all objectives of the PM Cares Fund tally with those of NDMF.
Thus, it has bee submitted that since the PM Cares Fund tallies with NDMF, the PM Cares Fund be covered and Synchronized as per the Disaster Management Act,2005, since “ It cannot be left at the mercy of the board of trustees of PM Cares Fund.
