New Delhi, Nov 26, : .The Delhi High Court accepted Friday petitions relating to the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund).
They will be heard on December 10. The matter was originally scheduled for November 10, but was rescheduled for Friday when the concerned bench failed to meet.The Chief Justice D.N.Justice Jyoti Singh and Justice Patel allowed the early hearing of the pleas in this matter.
Samyak Gangwal filed petitions through Debopriyo Moulik, Ayush Shrivastava and Ayush Shrivava seeking to declare the PM CARES Fund a State under the Constitution and to stop it from using the Prime Minister of India and Prime Minister abbreviations on its website.
He also tried to stop the PM CARES Fund’s use of the State Emblem of India in its website, Trust Deed and other official or unofficial communications as well as advertisements.
The Prime Minister’s Office (PMO), in response to the petition, stated before the court that the PM CARES Fund is voluntary donations made by individuals or institutions and is not part of any business or function of central government.
It is not part of any central government scheme or business, and it is a public trust.The CAG audit of it is also not applicable.
According to the Centre’s submissions PM CARES Fund does not qualify as a “public authority” within the meaning of Section 2(h), the RTI Act.Further clarifications that no government money is credited into the PM CARES Fund, and that only unconditional and voluntary contributions can be accepted under PM CARES Fund.
“It is reiterated the Trust’s Fund is not a Fund of the Government of India, and the amount doesn’t go in the Consolidated Fund of India,” stated an affidavit by the PMO.
The affidavit stated that the Trust has placed the audited report on its official website.It also includes details about how the Trust used the funds.
The Centre stated that the Trust is governed by transparency and public benefit in larger public interest, just like any other charitable trust.
Therefore, it cannot object to posting all resolutions on its website in order to ensure transparency.
It said that such a prayer was not only impossible, but also legally unenforceable, while urging Delhi High Court to reject the petition.
Gangwal also filed a petition challenging the Central Public Information Officer’s (PMO) decision that denied Gangwal’s RTI request for documents related to PM CARES Fund.
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