'Important Issue' : Bombay High Court Asks Centre To Respond To PIL Seeking Removal Of Prime Minister's Name & Image From PM CARES Funds

The petition filed by the district president of the Indian National Congress party, Thane, further seeks removal of the State Emblem of India and the National Flag, calling it a violation of The Emblems and Names (Prevention of Improper Use) Act, 1950 and Rules, and The State Emblem of India (Prohibition of Improper use) Act, 2005 and Rules.

Petitioner Vikrant Chavan claims that if the reliefs prayed for are not granted, then said names and emblems would lose their sanctity and significance.

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik directed the Union to file their reply to the petition by December 23 and the petitioner file a rejoinder by December 30. The matter is kept for hearing on January 3.

In the morning session, the petitioner's advocate Sagar Joshi informed the bench that the Union was yet to file a reply in the petition. The court then sought the Additional Solicitor General's presence and heard the matter in the afternoon.

ASG Anil Singh appeared and accepted there isn't a reply on record but assured the bench that a response would be filed and asked the court to place the matter beyond the Christmas vacation.

"This is also an Important Issue, Mr Singh," CJ Datta said and directed the Centre to file its reply by December 23.

The interim and final reliefs sought are as follows:-

"The petitioner is seeking directions against Respondent No 2 (Modi) thereby directing him to take steps forthwith to remove the name of the "PRIME MINISTER" and Emblem "STATE EMBLEM OF INDIA" from the registered TRUST DEED dated March 27, 2020, by which Respondent No.1 (trust) was constituted and also remove Name "PRIME MINISTER", Pictorial Representation ie. "DEPICTING PHOTOGRAPHS OF PRIME MINISTER and INDIAN NATIONAL FLAG" and Emblem "STATE EMBLEM OF INDIA'' from the site of Respondent No.1 viz. pmcares.gov.in and such other material prepared for Respondent No.1 (trust)."

The plea stated that the PM CARES Fund (Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund) claims to be a charitable trust without any budgetary support with Prime Minister Narendra Modi as its ex-officio chairman.

Donations to the trust would qualify for 80G benefits for 100% exemption under the Income Tax Act, 1961. The plea adds that donations will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure.

It added that up to March 31, 2020, trust claims to have collected Rs. 3076.62 Crores.

The Minister of Defence, Minister of Home Affairs and Minister of Finance, Government of India are ex-officio Trustees.

All members are appointed in their personal capacity despite being referred to by their designation in the GoI. "There is no provision in the TRUST DEED that the Government can issue such directives as it deems necessary and the Respondent No.1 is bound to carry out the same", the petitioner claimed.

According to the plea, Non-government entities are altogether excluded and are prohibited to use names and emblems. Granting permission to the non-government entities would defeat the object of the Act of 1950, Act of 2005.

The plea stated that the Act of 1950 was enacted to prevent the improper use of certain emblems and names for professional and commercial purposes. Section 3 prohibits the improper use of certain emblems and names. Contravention of the section is punishable with a fine of Rs 500.

The PIL states that the State Emblem would violate Section 3 read with Schedule of the Act of 2005 read with Rule 10(3) of Rules of 2007.

A conjoint reading of the Act of 1950 with Rules of 1982 clearly indicates that the use of names and emblems set out in the Schedule of the Act of 1950 is prohibited except in such cases and under such conditions prescribed by the central government, the plea stated.

"The Respondent No.2 (Narendra Modi) is therefore expected to preserve the sanctity of the names, emblems and pictorial - representations as provided in the Schedules of Act of 1950 and Act of 2005 by not using them contrary to provisions of Act of 1950, Rules of 1982, Act of 2005 and Rules of 2007," the plea states.

The plea claimed that though the trust deed is registered at Delhi, appeals for donations to the Trust were made throughout the country; therefore, the petition is maintainable.

In a petition seeking RTI disclosure of PM CARES funds, the Centre has told the Delhi High Court that the PM CARES Funds is not a "public authority" under the RTI Act and that the Central Government has no control over the PM CARES Fund Trust.

In a related development, the Kerala High Court today expressed a lack of appreciation with a petition which sought for removal of PM Modi's photo from the COVID vaccination certificate

"He is our Prime Minister, not the Prime Minister of any other country. He came to power through our mandate. Merely because you have political differences, you cannot challenge this...Why are you ashamed of our PM? 100 crore people don't seem to have an issue with this so why do you? Everyone has different political opinions, but he is still our prime minister. You are wasting judicial time", the Kerala High Court asked the petitioner.