Violation of provisions of Symbols and Names (Prevention of Improper Use) Act: PIL
The Bombay High Court on Monday directed the central government to file an affidavit on a petition seeking removal of the photo and the name of the Prime Minister from the official website of the PM CARES Fund.
A division bench of Chief Justice Dipankar Dutta and Justice MS Karnik was hearing a Public Interest Litigation (PIL) petition filed by Congress party member Vikrant Chavan.
The PIL has sought removal of PM’s name and photo along with the National Flag of India and the Emblem of India from the official website of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund.
“This is also an important issue,” the court told Additional Solicitor General Anil Singh. The bench directed the central government to file its affidavit by December 23 and posted the matter for further hearing on January 3, 2022.
The petition states that the name and photo in the website is in violation of the provisions of the Constitution of India and the Emblems and Names (Prevention of Improper Use) Act. “The Trust was established on March 27, 2020 as a public charitable trust to provide support and relief for a public health emergency or any other type of emergency or calamity. The fund trust claims to consist of voluntary contributions made by individuals/organizations and does not receive any budgetary support from the government and the contributions made will be eligible for 100% exemption under the Income Tax Act.
The petition argued that the trust did not discharge any official or sovereign functions. It was an accepted position that the Trust was not a fund of the Government of India and the amount collected by it did not go to the Consolidated Fund of India.
“In such a situation, it would be inappropriate for the Trust to use the name or photograph of the Prime Minister and the National Flag and the Emblem of India on its official website,” the PIL said.
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