Delhi HC irked over Centre's one-page affidavit on plea to bring transparency in PM CARES Fund
Jul 12, 2022
New Delhi [India], July 12 : The Delhi High Court on Tuesday slammed the Centre for filing a one-page reply to a petition seeking the declaration of the PM CARES Fund as 'The State' under Article 12 of the Constitution of India.
The Bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad on Tuesday expressed its surprise over one-page affidavit in PM CARES Fund. The Delhi High Court on Tuesday took exception to the Centre filing a one-page reply on "such an important issue" of PM CARES Fund on which a petition has been filed to declare it as a 'State' under the Constitution to ensure transparency in its functioning.
Observing that the issue concerning the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) is "not so simple" the High Court asked the Centre to file a "detailed and exhaustive" response in the matter.
Solicitor General Tushar Mehta appeared for the Centre and submitted that all arguments raised by the petitioner in the matter are relevant to be decided.
The Bench later posted the matter for September 16, 2022, and asked the Centre to file a detailed affidavit in this regard and also said that the Court will look into it and every point in the matter. This matter will certainly travel to the Supreme Court and we have to give judgement with detail dealing with all the issues raised.
The Court was hearing petitions filed by Samyak Gangwal, who sought to declare the PM CARES Fund a 'State' under the Constitution. The petitioner has also sought direction to restrain PM CARES Fund from using Prime Minister of India or Prime Minister including its abbreviations in its name, and on its website.
Senior Advocate Shyam Divan, appearing for Petitioner earlier, argued that PM CARES is using the Government of India portal, National Emblem is also on its left side. "If Trust's fund is not a fund of Government of India, then this would be violations if its a private party. The trustees of it are also not ordinary functionaries. They have taken an oath of office."
Prime Minister's Office (PMO), in response to the petition, had said that the PM CARES Fund is not a fund of the Government of India and the amount does not go in the Consolidated Fund of India.
PMO also said that PM CARES Trust is a charitable Trust not created by or under the Constitution of India or by any law made by the Parliament or by any State legislature.
"I state that the Trust functions with transparency and its funds are audited by an auditor who is a Chartered Accountant drawn from the panel prepared by the Comptroller and Auditor General of India," said the affidavit filed by an Under-Secretary at the PMO.
The affidavit further added that to ensure transparency, the audited report is put on the official website of the Trust along with the details of utilization of funds received by the Trust.
"Suffice to mention that all donations received by the Trust are received via online payments, cheques and/or Demand Drafts and the amount so received is audited with the audited report and the expenditure of Trust fund displayed on the website. In view of the specific provisions of section 8 of the Right to Information Act, the relief against para 5.3 of the Trust Deed dated 27.3.2020 pales into insignificance," read the affidavit
Adding further, it said that the Trust functions on the principles of transparency and public good in larger public interest like any other charitable trust and, therefore, cannot have any objection in uploading all its resolutions on its website to ensure transparency.
Adding further, Centre said that the Trust functions on the principles of transparency and public good in larger public interest like any other charitable trust and, therefore, cannot have any objection in uploading all its resolutions on its website to ensure transparency.
Such a prayer is not only unheard of but is legally not maintainable, Centre said while urging Delhi High Court to dismiss the petition.
In another petition, Gangwal has challenged the decision of the Central Public Information Officer, Prime Minister's Office wherein the RTI application seeking documents related to the PM CARES Fund Fund was denied. Gangwal has filed its petition through advocates Debopriyo Moulik and Ayush Shrivastava.
