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'Can't Enter Into A Fishing Enquiry Based On Conjectures': Sikkim High Court Dismisses Plea Alleging Misappropriation Of Covid-19 Funds

LIVELAW NEWS NETWORK
16 Jun 2021 3:38 PM GMT
Cant Enter Into A Fishing Enquiry Based On Conjectures: Sikkim High Court Dismisses Plea Alleging Misappropriation Of Covid-19 Funds
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The Sikkim High Court recently dismissed a PIL seeking enquiry into alleged misappropriation of funds under Covid-19 package provided to the State Government by the Centre. In the absence of any material evidence on record in support of the allegations, a Bench of Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan observed, "We cannot enter into a fishing and roving enquiry...

The Sikkim High Court recently dismissed a PIL seeking enquiry into alleged misappropriation of funds under Covid-19 package provided to the State Government by the Centre.

In the absence of any material evidence on record in support of the allegations, a Bench of Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan observed,

"We cannot enter into a fishing and roving enquiry based on the surmises and conjectures of the Petitioner, neither is this Court an Investigating Agency."

The Petitioner alleged that there has been a non-utilisation of funds under Covid-19 package. He insisted that a committee ought to be constituted monitored by this High Court for ascertaining the fact as to whether the funds allocated under the National Health Missions and funds under Covid-19 package in Phase I and II are utilized by the management.

"That there should be an auditing of the ground realities of the Covid-19 Dedicated Hospital," Advocate Yam Kumar Subba had argued.

The Bench however observed that no specific facts and figures have been placed on record with regard to the allegations so made.

The development comes in a PIL filed by Mani Kumar Subba raising issues relating to Covid-19 management in the state.

Previously, he had sought directions from the Court for ensuring availability of medical Oxygen in the State. He had also sought enforcement of measures for home isolation in respect of patients who test positive for the Corona Virus.

The Court has dismissed his application vis-à-vis misappropriation of funds and has posted the main matter for hearing tomorrow.

Case Title: Mani Kumar Subba v. State of Sikkim & Ors.

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