The Central government and Prime Minister's Office argued that the Prime Minister's Citizen Assistance and Relief in Emergency Situation Fund (PM-CARES Fund), which is a charitable
trust under Indian law, is not a government fund. The Government further told Delhi High Court that the PM-CARES fund cannot be classified as a public authority or designated as a “state” under the Right to Information
(RTI) Act.
“PM CARES Fund comprises voluntary donations made by individuals and institutions and is not a part of business or function of the central government in any manner. PM CARES Fund 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),” stated the reply.
The statement was made in response to court enquiries about the legal status of the PM-CARES fund. In an affidavit, the Centre told a bench of chief justice DN Patel and Jyoti Singh that
the fund was established as a public charity trust, not by or under the Indian Constitution.
“Irrespective of whether the trust is a “State” or other authority within the meaning of Article 12 of the Constitution of India and or whether it is a ‘public authority’
within the meaning of section 2[h] of Right to Information Act, Section 8 in general and that of provisions contained in subsection [e] and [j], in particular, of the Right to Information Act, it is not permissible to disclose
third party information,” said Pradeep Kumar Srivastava, an Under Secretary at the Prime Minister's Office.
Lawyer Samyak Gangwal had argued that the PM CARES Fund should be declared a "State" under the Constitution to ensure transparency in its operations. In his other petition, he
seeks that PM Cares be classified as a "public authority" and subjected to RTI.
Srivastava told the court that he serves in the trust on an honorary basis, that it operates in a transparent manner, and that its funds are audited by an auditor who is a Chartered Accountant
from the Comptroller and Auditor General of India's panel.
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According to the reply, "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 trust receives all donations via online payments, cheques, or demand drafts, said the statement adding that amount received is audited and the trust fund's expenditures are published
on the website.
“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 light of the specific provisions of Section 8 of the Right to Information Act, the relief sought against para 5.3 of the trust deed dated 27.3.2020 pales into insignificance,”
Srivastava said.
The PM-CARES Fund was set up by the Prime Minister in March 2020 for the noble aim of offering aid to citizens in the wake of the Covid-19 outbreak, according to the petition filed by Samyak
Gangwal. Activists, lawyers, and political parties, on the other hand, have opposed the fund, questioning the transparency of the donations.