Use of PM’s photo, tricolour in PM-Cares as per law, says PMO

There is no restriction on the use of the Prime Minister’s photo as well as the image of the national flag and emblem for the PM CARES Fund, the Prime Minister’s Office (PMO) told the Bombay high court on Tuesday.

In an affidavit filed before a division bench of chief justice Dipankar Datta and justice MS Karnik, PMO under-secretary Pradeep Kumar Srivastava said the use of the national flag and national emblem in the PM CARES Fund is in conformity with the usage allowed by the Emblems and Names (Prevention of Improper Use) Act, 1950 and Rules made under the enactment. The affidavit also said that the Prime Minister’s photograph, name and national emblem were also used in the Prime Minister’s National Relief Fund (PMNRF).

The affidavit was filed in response to a public interest litigation (PIL) filed by Congress’s councilor in Thane Municipal Corporation Vikrant Chavan, seeking deletion of the prime minister’s name and photograph from the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund. Claiming that PM CARES Fund was created as a non-government Trust and as amounts collected by it does not go to the Consolidated Fund of India, the petition sought directions for removal of the image of the national flag and Emblem from the name of the Trust and its web portal.

The PIL further stated that as the Trust was a private entity the use of the name and picture of the prime minister, flag and emblem violate the laws and rules governing the said symbols.

The PMO affidavit said, “PM CARES fund and Prime Minister’s National Relief Fund (PMNRF) are both chaired by the Prime Minister. As the name, photograph of the Prime Minister and National Emblem are being used for the PMNRF, they are also being used for the PM CARES Fund.”

“Flag Code of India, 2002, which brings together all laws, conventions, practices and instructions regarding display of National Flag provided that there cannot restriction on display of National Flag by members of general public, private organizations, educational institutions etc, except to extend provided in the Emblems and Names Act, 1950,” the affidavit added.

Advocate Sagar Joshi, appearing for the petitioner, had informed the court that as per the Trust Deed, which was executed on March 27, 2020, the PM was the chairperson and all trustees, including Union ministers, were appointed in their personal capacity but the trust did not discharge any sovereign functions.

The bench was informed that the trust has collected over ₹3,000 crore for relief work using the name and photograph of the prime minister, national flag and emblem thus flouting the relevant laws and rules governing such national signs and symbols.

The bench had then directed additional solicitor general Anil Singh for the Union government to file an affidavit in reply to the petition.

On Tuesday, the PMO in its affidavit denied the claims of the petitioner and challenged the correctness of the contentions.

The affidavit said the prime minister is chairperson (ex-officio) of the PM CARES Fund and various ministers are ex-officio trustees of the fund and all of them are in pro bono capacity. The composition of the Board of Trustees consisting of holders of public office ex officio is merely for administrative convenience and for smooth succession of trusteeship.

Srivastava has concluded the affidavit stating that the petitioner approached HC without exhausting the administrative remedies available under the concerned laws and rules and hence the petition deserves to be dismissed.

After perusing the affidavit, the bench granted 15-day time for the petitioner to file a rejoinder and posted further hearing after three weeks.