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A Supreme Court bench of Justices MR Shah and BV Nagarathna today took a very serious view on the allegation that the State of Andhra Pradesh has diverted funds from the State Disaster Response Fund to Personal Deposit Accounts. Court noted that this action of Andhra Pradesh is against both the Disaster Management Act and the Appropriation Act.

The bench further noted that the Minister of State for Finance has objected to the same and has directed corrective action to be taken by the State at the earliest possible time.

Court, therefore, restrained Andhra Pradesh from transferring the funds from SDRF to a personal deposit account and further stated that whatever has been transferred, shall not be utilized under the Disaster Management Act.

Court issued notice and asked the State to respond to this allegation by April 28, 2022.

The above transpired in a plea seeking ex-gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19 in view of  Section 12 of The Disaster Management Act, 2005.

In 2021 Recently, the Court had said that the Gujarat Government has attempted to overreach its order while appointing a scrutiny Committee for allowing ex-gratia compensation to the families of persons who died of Covid-19.

The state of Gujarat had then filed a fresh affidavit in pursuance of the Court's order and a new simplified scheme was constituted for the process to claim compensation without any hassle, which the top Court bench of Justices MR Shah and BV Nagarathna had found to be satisfactory and in consonance with its earlier order.

On the last date of hearing the apex court had reiterated its anguish over the fake certificates being issued by the Doctors in view of the attempts of family members of the persons who died of Covid-19 to receive ex gratia compensation. The bench observed that "We never visualised it that it'll be misused in such a way, it is a very serious thing. It is even worse if the officials are involved in this, it is a pious world.”

Earlier, the bench had been informed that some doctors are issuing fake certificates for the purpose of filing applications to receive the ex gratia compensation and they are also suggesting similar treatment in other diseases as well for families to avail said benefit. Whereas, the bench had sought suggestions to deal with the issue of doctors issuing fake Covid-19 certificates

Case title: Gaurav Kumar Bansal Vs Union of India