A PIL has been moved in the Bombay High Court for seeking removal of PMs photo along with image of the national flag and the emblem of India from PM Cares fund and it™s official website. The division bench, headed by Justice AA Sayed and SG Dige was informed about the date of formation of PM Cares Fund was on 27th March 2020. Despite PM and other members like Defense Minister, Minister of Home affairs and Finance Minister as it™s ex officio trustee, this fund is still not considered a government body.
The petition which was filled by the district President of INC further seek the removal of national emblem and national flag as it is violating the provisions of The Emblem and Names(Prevention of Improper Use) Act, 1950 and Rules, and the State Emblem of India( Prohibition of Improper Use) Act, 2005 Rules. It was claimed in the petition that if relief was not granted then the names and emblems would lose their significance. The interim relief which was given was
œThe petitioner is seeking directions against Respondent No 2 (Modi) thereby directing him to take steps forthwith to remove the name of the œPRIME MINISTER AND emblem œSTATE EMBLEM OF INDIA” from the registered TRUST DEED dated March 27, 2020, by which Respondent No.1 (trust) was constituted and also respondent Name œPRIME MINISTER”, Pictorial Representation i.e. œDEPICTING PHOTOGRAPHS OF PRIME MINISTER and INDIAN NATIONAL FLAG” and Emblem œSTATE EMBLEM OF INDIA” from the site of Respondent No.1 viz. pmcares.gov.in and such other material prepared for Respondent No.1(trust).”
As the PM CARES fund which has almost collected Rs.3076.62 Crore has violated many provision of laws and governing the rules According to the petition, the non government institutions are altogether excluded from using any name and emblems and it is violating the provisions of Act of 1950, Act of 2005.It is violating the rules of section 3 read with 9A of the 1950Act. Moreover using the State Emblem further is defeating the provisions of the act except in the circumstances set out by the Central Government.œ 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 stated.
Anil Singh, Additional solicitor general sought time for reply. The matter was adjourned for the October 26.