The Delhi High Court on Friday agreed to hear the plea regarding Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) on November 18. The court had earlier scheduled the hearing for November 30.
The petition is filed by Samyak Gangwal, who sought to declare the PM CARES Fund a "State" under the Constitution and asked it to refrain from using Prime Minister of India or Prime Minister including its abbreviations in its name, and on its website.
The plea further sought that Fund to refrain from using State Emblem of India on its website, Trust Deed, and other official /unofficial communications and advertisements.
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In response to the petition, the Prime Minister's Office (PMO) submitted before the court that the PM CARES Fund comprises of voluntary donations made by individuals and institutions and is not a part of business or function of the central government in any manner. Furthermore, it is not a part of any government scheme or business of the central government and being a public trust, it is also not subject to audit of Comptroller and Auditor General of India (CAG).
According to the Centre's submissions, PM CARES Fund is not a "public authority" under the ambit of Section 2(h) of the RTI Act, further clarifying that no government money is credited in the PM CARES Fund and only unconditional and voluntary contributions are accepted under PM CARES Fund.
"It is reiterated that the Trust's fund is not a fund of the Government of India and the amount does not go in the Consolidated Fund of India," said an affidavit filed by the PMO.
The affidavit added that to ensure transparency, the audited report is put on the official website of the Trust along with the details of utilisation of funds received by the Trust.
The Centre further 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, it said while urging the Delhi High Court to dismiss the petition.
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In another petition, Gangwal has challenged the decision of the Central Public Information Officer and PMO wherein the RTI application seeking documents related to the PM CARES Fund was denied.
Gangwal has filed its petition through advocates Debopriyo Moulik and Ayush Shrivastava.
