Delhi HC: Plea seeks directions for PM-CARES Fund to reveal details under RTI

A Public Interest Litigation has been moved in the Delhi High court seeking transparency in PM-CARES Fund and a direction to reveal information under the Right Information (RTI) Act, 2005. The Congress has repeatedly questioned the government over setting up of a separate PM-CARES Fund by PM Modi and has demanded that it should be merged with the PM National Relief Fund. Congress leader Rahul Gandhi had demanded an audit of PM CARES fund and had said the account of money received and spent must be made public. 

The plea stated PM-CARES is a 'public authority' within the ambit of Section 2(h) of the said that the Act and a direction to the trust to display on its website the details of the money received and for what purposes it has been utilised. The PIL was filed by SS Hooda through Advocate Aditya Hooda seeking transparency in PM-CARES Fund, and to display details of money received and for which purposes the amount has been used in its website. In the plea, Hooda said that anybody that is "owned", "controlled" or "substantially financed" by the Government qualifies as a public authority under the RTI Act.

He said that the government-controlled as well as substantially financed the PM-CARES Fund. According to the petition, the Prime Minister is the ex-officio chairman of PM-CARES fund while the ministers of Defence, Home Affairs and Finance are its ex-officio trustees. The Chairman and trustees of the fund further have the power to appoint three additional trustees. The Rules/criteria for spending the funds of the trust shall be formulated by the Prime Minister and the three ministers aforementioned."

The petitioner COVID-19 victims have a "right to know" about the fund collected and being expended or is planned to be expended.

"It also said that the victims of COVID-19 who desperately need the money to fight the deadly virus are not in a position to enforce their fundamental right of being treated and financially supported, by the use of funds collected in the PM-CARES fund. The COVID-19 victims are not able to enforce their fundamental right to get medical treatment," he stated.

READ: Summit virtual but MoUs real, India-Aus sign 9 agreements amid Modi-Morrison camaraderie

On May 13, PM CARES Fund Trust allocated Rs.3100 crore for the fight against the novel coronavirus. While Rs.2000 crore has been earmarked for the purchase of ventilators, Rs.1000 crore for the care of migrants. Additionally, Rs.100 crore will be dedicated towards the development of the COVID-19 vaccine.

READ: 'How much money was given to labourers from PM CARES Fund?' Kapil Sibal asks PM Modi

PM CARES Fund

Called the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund, this charitable trust was set up by the Centre on March 28. While PM Modi is the Chairman of this trust, the Defence Minister, Home Minister and Finance Minister are the other members.

All citizens including individuals, corporates and organizations can contribute to this fund to augment the relief efforts in the wake of the novel coronavirus crisis. The donation to PM CARES fund is exempted from Income Tax under Section 80(G). Moreover, PM Modi specified that the fund would not only cater to similar situations in the future but would also help strengthen disaster management capacity. 

READ: J&K Lt. Gov. sanctions Rs.10 cr out of state Relief Fund for contribution to PM CARES Fund

READ: FIR lodged against Congress chief Sonia Gandhi over party's attacks against PM CARES fund

(With Inputs from ANI)

(Image credits: PTI)