PIL Filed In Bombay High Court Seeking Directions To Remove PM Modi’s Photo From PM CARES Fund.
(Judicial Quest News Network)
The Bombay High Court sought the Central Government’s response to PIL seeking elimination of “Prime Minister” image and name from the PM CARES fund trust & PM Modi’s image too.
The PIL has been filed by Congress member Vikrant Chavan.
Chavan submitted that showing those images is violative of the provisions of the Constitution of India and the Emblem and Names (Prevention of Improper Use) Act.
The plea specifically sought a direction to the centre to remove the words ‘Prime Minister ‘from trust’s name -Prime Minister Citizen Assistance and relief in Emergency Situations (PM CARES) Fund.
The PIL which was heard by a division bench Justices AA SAYED and SG Dige, stated that such prevalence and usage was violative of the Constitution of India.
The PIL states certain grounds for the removal, the PMCARES fund has been set up to extend support and relief during emergencies or calamities, purportedly the Fund receives contributions from the private entities and not from the allowances of the government.
The PIL further submits that the trust does not disgorge any governmental or sovereign functions. It is an admitted position that the trust is not a Government of India fund and the amount collected by it does not go to the consolidated fund of India.
The grounds stated by Chavan in the petition are as follows:
The admitted position that the trust is neither a Central government fund nor does the collected amount go to the Consolidated Fund of India.
It would be improper to use the name or image of the PM or the emblem or national flag considering it would violate Constitution and Emblem Act.
A petition is also pending before the Delhi High Court with a prayer to include PM CARES Fund within the category of “State” under the constitution of India.
The petition has also sought a direction that if the PM cares Fund is not held to be “State”, it must stop projection itself as if it is governmental through the use of the State emblem and words “Prime Minister” in the name etc.
There is also a plea before the Kerala High Court seeking removal of PM’s name and image from the COVID-19 vaccination.