Can not monitor CM relief fund but expect fair use, says Bombay HC

The Bombay High Court has said it cannot monitor disbursement of money from the Chief Minister's Relief Fund, but it hopes and trusts the same is utilised strictly for the purpose for which it is operated and there is no deviation.

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.