A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne, while disposing of a PIL, noted that the fund’s transactions are accessible to the public under the Right to Information (RTI) Act
Bombay High Court. File Pic
The Bombay High Court on July 31 said it cannot oversee the disbursement of funds from the Chief Minister’s Relief Fund (CMRF), but expressed hope that the contributions are utilised strictly for their intended purpose.
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne, while disposing of a PIL, noted that the fund’s transactions are accessible to the public under the Right to Information (RTI) Act, according to the news agency PTI.
“We cannot monitor the operation of the CMRF. We, however, hope and trust that the contributions made to the CMRF are utilised strictly for the objectives and purpose for which the fund is operated and that there is no deviation in any case,” the court said.
The PIL had been filed by the city-based NGO ‘Public Concern for Governance Trust’, alleging misuse of the fund for purposes beyond its original mandate.
The plea said the CMRF should be used solely and exclusively to assist victims of natural calamities, disasters and upheavals, as was envisaged at the time of its formation, as per the news agency PTI.
The government opposed the plea, saying that while initially the CMRF was set up to assist victims of natural calamities and disasters, its aims and objectives were expanded in November 2001. This was done because of the increasing demands for victims of incidents other than natural calamities.
The petition also sought the HC to form a committee to manage the disbursement of money from the CMRF and also for an audit to be conducted.
It alleged that the CMRF is being used by successive chief ministers for other reasons, such as the construction of cultural halls, sponsoring teams for tournaments, granting personal loans to political, social and cultural bodies and so on.
The government said assisting with the promotion of cultural and sporting activities was one of the objectives of the CMRF.
The CMRF was being operated transparently and information related to its transactions could be obtained through the Right to Information Act, the government added.
The high court, in its order, said it was a matter of policy decision of the state government to sanction and widen the CMRF's objectives, reported news agency PTI.
The petitioner cannot insist that the CMRF must be operated for the original purpose alone and there is no legal prohibition on widening the objective of the CMRF, the judges said.
The HC also refused to accept the petitioner's allegation of non-maintenance of CMRF's transparency and said the accounts of the trust are audited and income tax returns are filed.
(With PTI inputs)
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