Delhi HC to hear petitions concerning PM CARES Fund on Dec 10 after delay in November

On Friday, the Delhi High Court scheduled a hearing on applications relating to the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) for December 10. Applications for an early hearing of the petitions were granted by a bench consisting of Chief Justice DN Patel and Justice Jyoti Singh.

The case was supposed to be heard on November 18, but the key bench concerned bench did not assemble, as a result of which the hearing was postponed. The Court was considering applications from Samyak Gangwal, who wanted the PM CARES Fund to be declared a "State" under the Constitution. 

The petitioner also wants a court order prohibiting PM CARES Fund from using the terms Prime Minister of India or Prime Minister (including abbreviations) in its name, website, trust deed, and any official/unofficial communications and marketing. He also wanted the PM CARES Fund to stop using the Indian state emblem on its website, Trust Deed, and any official/unofficial communications and marketing.

In response to the petition, the Prime Minister's Office (PMO) stated that the PM CARES Fund is not a government of India fund and that the amount does not flow into the Consolidated Fund of India.

"It is reiterated that the Trust's fund is not a fund of the Government of India, and the amount does not go into the Consolidated Fund of India," the PMO said in an affidavit.

The PMO also stated that the PM Cares Trust is a charitable trust that was not established by or under the Constitution of India, or by any law passed by the Parliament or any State legislature.

Delhi HC to hear petitions relating to PM CARES Fund

An affidavit filed by an Under-Secretary at the PMO, stated, "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."

The declaration went on to explain that the audited report, as well as the specifics of how the Trust used the funds it received, is published on the Trust's official website to maintain openness.

Furthermore, the Centre stated that the Trust, like any other charity, operates on the principles of transparency and public good and that it consequently has no objection to posting all of its decisions on its website to ensure transparency. The Centre urged the Delhi High Court to dismiss the petition, saying that such a prayer is not only unheard of but also illegal.

In a separate petition, Gangwal challenged the judgement of the PMO's Central Public Information Officer, who denied an RTI application for documents related to the PM Cares Fund. Gangwal's petition was filed by advocates Debopriyo Moulik and Ayush Shrivastava.

(with inputs from ANI)

Image: PTI/Pixabay/RepresentativeImage