He said the High Court dismissed the petition relying on Centre for Public Interest Litigation vs. Union of India (2020), and stated that the High Court was not correct in relying solely on the judgment.
The bench said: "You might be right in saying that all issues were not considered. We don't know if you had argued. You go and file a review. Let us have the benefit of that.
Petitioner referred to relief claimed in petition and submitted that points have not been dealt with by the High Court while dismissing. Only ground was that this is covered by CPIL judgment. Senior counsel seeks permission to withdraw SLP to go and argue in HC these other grounds. Granted. Permitted as withdrawn. Petitioner at Liberty to approach this court later if aggrieved".
The appeal, filed by advocate Divya Pal Singh, challenged the Allahabad High Court's decision dated August 31, 2020.
Singh alleged that "unimaginable and unfathomable amounts of public money is pumped unabatedly everyday, into the coffers of the Fund".
The High Court had dismissed the public interest litigation relying on the Supreme Court's decision of August 18, 2020, which refused a plea by the NGO Centre for Public Interest Litigation for the CAG audit of PM-CARES Fund.
The Supreme Court had refused to direct the Centre to transfer the contributions made to the PM CARES Fund for battling the COVID-19 pandemic to the National Disaster Response Fund, saying both are entirely different funds with separate object and purpose.