The Central Government has stated the Supreme Court that there subsists no broadcasting on formation of PM CARES Fund as it is exclusive and unique from the National Disaster Relief Fund (NDF) which is designated under the Disaster Management Act. The PM CARES Fund is one such fund which obtains voluntary donations as well. The affidavit notifies that mere presence of a statutory fund would not constraint formation of a separate fund like PM CARES Fund which furnishes for voluntary donations. The bench of Justices Ashok Bhushan, SK Kaul & MR Shah, Solicitor General Tushar Mehta contended that the analysed affidavit in response has been appealed and that a copy shall be provided to parties, earliest tomorrow evening.

The instant case relates to a appeal asking transmit of all funds from PM Cares Fund which was set up to combat the COVID-19 pandemic to National Disaster Response Fund (NDRF) and forming of a National Plan under Section 11, read with Section 10 of the Disaster Management Act, 2005, in order to cope with the current pandemic and, to lay minimum standards of relief under Section 12 of DMA

The Centre has also certified on record a National Plan formulated under Section 11 of the DMA which significantly deals with “Biological and Public Health Emergencies”. Various states also have their respective Disaster Management Plans at the State Level in place. The plea further states that the NDRF is not being appropriately used by the authorities
despite the existing health crisis. It further apprises the matter of lack of clarity stating that it is not amounted to CAG Audits and has also been announced to be external beyond the scope of the RTI Act by not being under the section of “public authority”.