&w=3840&q=100)
Can not monitor CM relief fund but expect fair use, says Bombay HC
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne, in the order on July 31, noted transactions of the fund can always be accessed by members of the public by seeking information under the Right to Information Act.
"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 HC disposed of a public interest litigation filed by city-based NGO 'Public Concern for Governance Trust', claiming the Chief Minister's Relief Fund was being used for purposes other than what it was established for.
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.
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 in view of the increasing demands for victims of incidents other than natural calamities.
The petition also sought the HC to form a committee to manage 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 construction of cultural halls, sponsoring teams for tournaments, granting personal loans to political, social and cultural bodies and so on.
The government said providing assistance for promotion of cultural and sporting activities was one of the objectives of the CMRF.
The CMRF was being operated in a transparent manner 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.
The petitioner cannot insist that the CMRF must be operated for the original purpose alone and there is no legal prohibition on widening of 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.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
Bawankule faces flak for sharing stage with accused in Tuljapur drugs case
Chhatrapati Sambhajinagar: State revenue minister Chandrashekhar Bawankule was embroiled in a controversy after he was felicitated by a man currently out on bail in the Tuljapur drugs case. Critics raised eyebrows, pointing out that Bawankule not only accepted the felicitations at the event on Thursday, but also praised the accused and even put his hand on his shoulder, suggesting a close relationship between the two. Vinod alias Pintu Gangane, the husband of Tuljapur municipal council's former president, got bail in the case a month ago from the Bombay HC bench in Aurangabad. Ambadas Danve, leader of opposition in the legislative council, said the Tuljapur drugs case has been making headlines and probe is still on. "A man who indulged in illicit businesses welcomed and felicitated Bawankule, who is not only the state's revenue minister but also a BJP leader. Bawankule then respectfully brought such a person close. It looks like the minister almost hugged him," he said. BJP workers said the event was organised to mark the approval of the Tuljapur development plan. A BJP office bearer from Sambhajinagar said, "Vinod Gangane has just been named an accused and that too for consumption. He has not been convicted. There is no point in making so much noise about it." State food and civil supplies minister Chhagan Bhujbal also defended Bawankule. "Senior political functionaries are not aware of all those who are on stage when they go for a public programme. It often happens that citizens want to meet politicians and get photographed. At such times, if the politician stops anyone from sharing the dais, and if that person happens to be a good functionary, it creates problems for the party in electoral politics," Bhujbal said. "The onus is on local party units, who should ensure that people with controversial backgrounds are not allowed on stage," he added. Gangane's name featured as an organiser on the programme's invitation card. Political sources said he shares close ties with local MLA Rana Patil. The Tuljapur drug trafficking case came to light on Feb 14 after the arrest of three people from Tamalwadi village with 45 grams of MD. Police seized synthetic drugs worth Rs 2.5 lakh on Feb 15, uncovering a network spanning Solapur, Naldurg, Pune and Mumbai. A priest from Tuljabhavani temple was among the main peddlers. After the HC rejected his interim bail, Gangane was arrested on June 7 based on the Tamalwadi police's FIR for possession and consumption of MD drugs under relevant sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The HC granted him conditional bail on July 10. At the time of seeking bail, his lawyer had argued that Gangane was a consumer and not a drug peddler, and even in the charge sheet, only section 27 of the NDPS Act, which attracts a year's punishment, was invoked against him. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Raksha Bandhan wishes , messages and quotes !
Time of India
an hour ago
- Time of India
SC: Panel led by retd HC judge to manage Banke Bihari temple
NEW DELHI: Supreme Court on Friday said it would give legal shape to its view that a committee headed by a retired high court judge should administer Banke Bihari temple in Vrindavan until Allahabad HC decided the validity of UP govt's ordinance for development of the temple and its surroundings. A bench of justices Surya Kant and Joymalya Bagchi said given the unfortunate incident of a stampede inside the temple in 2022 resulting in deaths of pilgrims, "we are of the view that the temple administration should be managed in the interim by a committee headed by a retired HC judge who should be assisted by top officials of Mathura district." Appearing for the Goswamis (pujaris), who claim it was a private temple and that govt had no authority to take over its administration, senior advocate Kapil Sibal suggested to the court that it would be better if a retired SC judge was made chairperson of the temple management committee. The bench said, "A retired HC judge would be good enough to manage the temple administration." Apart from administration, SC said it was mulling empowering the retired judge-led committee to "look into purchase of land around the temple". The bench said it would also authorise the retired HC judge to induct some 'Goswamis' into the committee for the purpose of smooth conduct of temple rituals. Additional solicitor general K M Nataraj, appearing for UP govt, br-ought to the court's notice that a single judge bench of the HC was also hearing a challenge to the ordinance and that it had made certain unwarranted observations and passed orders. The Justice Kant-led bench said, "Is the single judge not aware of the proceedings before SC?" The bench stayed the order and further proceedings before the single judge.
Time of India
an hour ago
- Time of India
SC: Intention wasn't to cast aspersions on HC judge
NEW DELHI: Expunging its earlier criticism of an Allahabad high court judge whose verdict it had listed among the "worst," a Supreme Court bench of Justices J B Pardiwala and R Mahadevan on Friday clarified that it had no intention of embarrassing or casting aspersions on the judge. "We must clarify that our intention was not to cause embarrassment or cast aspersions on the judge concerned. We would not even think of doing so," the bench said, reading from a prepared order at the start of proceedings. Reiterating that its observations were aimed at safeguarding judicial integrity, it said, "Whatever was said in our order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people, as that will go a long way in reinforcing the faith reposed in us." The court, however, stood by its assessment that the high court judge's order was "perverse." Acknowledging the exclusive authority of an HC chief justice as 'master of the roster', the bench stated in its Aug 4 order that it was not interfering with the CJ's administrative powers. "When matters raise institutional concerns affecting the rule of law, this court may be compelled to step in and take corrective steps," it said, leaving it to the Allahabad HC CJ to examine the issue raised. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Buy Resmed AirSense 11 with flat 20% off ResMed Buy Now Undo Expressing hope that it would not encounter such orders in the future, the bench said, "The endeavour of high courts should always be to uphold the rule of law and maintain institutional credibility. If the rule of law is not protected within the court itself, that would be the end of the entire justice delivery system." The bench said that while it had criticised flawed HC orders, it had also consistently praised judges who delivered sound, well-reasoned judgments.
