PM CARES Fund doesn’t belong to govt; info can’t be revealed under RTI: PMO to Delhi HC

News Network
January 31, 2023

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The PM CARES Fund is not a government fund as donations to it do not go to the Consolidated Fund of India and no third party information can be parted with irrespective of its status under the Constitution and the Right to Information (RTI) Act, the Delhi High Court was informed on Tuesday.

An affidavit filed by an under secretary at the Prime Minister’s Office (PMO), who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency and its funds are audited by an auditor -- a chartered accountant drawn from the panel prepared by the Comptroller and Auditor General of India.

It contended that irrespective of the status of Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) under the Constitution and the RTI Act, it is not permissible to disclose third party information.

The affidavit was filed in response to a petition seeking a direction to declare the PM CARES Fund a 'State' under the Constitution to ensure transparency in its functioning.

The same petitioner has also filed another petition to declare PM CARES as a "public authority" under the RTI Act, which is being heard together with this plea.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad heard the arguments advanced on behalf of petitioner Samyak Gangwal and asked the office of Solicitor General Tushar Mehta to inform the court about his availability to argue the case.

The affidavit filed by Pradeep Kumar Srivastava, Under Secretary at the PMO, said the prayers made in the present petition are not maintainable as PM CARES does not constitute a "public authority" under the provisions of RTI Act.

“I reiterate and submit that the PM CARES Fund has been set up as a Public Charitable Trust. This Trust is not created by or under the Constitution of India or by any law made by the Parliament or by any State Legislature.

“This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any government nor any instrumentality of the government. There is no control of either the Central government or any state government/s, either direct or indirect, in functioning of the Trust in any manner whatsoever,” the official said.

The affidavit added that the composition of the Board of Trustees consisting of holders of 'Public Office ex-Officio' is merely for administrative convenience and for smooth succession to the Trusteeship.

It said PM CARES is not a “public authority” within the meaning of Section 2(h)(d) of the RTI Act and as such provisions of the Act cannot be made applicable on the trust and added that on this preliminary issue the petition deserves to be dismissed.

“The PM CARES accepts only voluntary donations by individuals and institutions. Contributions flowing out of budgetary sources of government or from the balance sheets of the public sector undertakings are not accepted. Conditional contributions, where the donor specifically mentions that the amount is meant for a particular purpose, are not accepted in the Fund,” it said.

The affidavit further said that the cause for which PM CARES Fund was created and exists is purely charitable and neither the funds of this trust are used for the government projects nor is the trust governed by any of the government policies, so it cannot be labelled as "public authority".

It said PM CARES does not get any budgetary support from the Consolidated Fund of India and the assumptions of the petitioner regarding arbitrariness or non-transparency are devoid of merit.

“The benefit of the objects of the Trust have been made available to the general public irrespective of caste, creed, sex, region, language and religion. Moreover, Trust Deed of the PM CARES Fund along with grants sanctioned from the fund are available in public domain on the website pmcares.gov.in. Audit reports of the PM CARES Fund are already available on the website…,” it said.

The affidavit also raised objection over locus standi of the petitioner to file the petition and said he has taken upon himself to espouse a cause which is intended to be created in a manner which ex-facie is guided by an ulterior motive to find his place in the public eye.

“The present case is a classic case of a busy body attempting to gain publicity under the garb of public interest litigation,” it said, adding that the plea was preferred with oblique motives and it be dismissed with exemplary costs.

It also said that the petition has attracted a lot of traction in the media houses via online reporting and through other means, which seems to be the end goal of the petition, that is, to agitate a publicity interest litigation in the garb of public interest litigation.

“It will not be out of place to state that the petitioner being proxy is a means for unscrupulous hands to further their personal causes,” the affidavit said.

It further said that the petition has been preferred in vacuum, by way of clever drafting, attempts to espouse and agitate a cause of “certain groups with vested interest for extraneous reasons”.

“I state that when the petitioner is claiming to be a public-spirited person and seeking to pray for various reliefs only for transparency, it does not matter whether PM CARES is a ‘State’ within the meaning of Article 12 of the Constitution of India,” the officer said in the affidavit.

It said that all donations received by the trust are received via online payments, cheques or demand drafts and the amount received is audited with the audited report and the expenditure of the trust fund displayed on the website.

“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,” it said, while reiterating that “the trust’s fund is not a fund of Government of India and the amount does not go in the Consolidated Fund of India.”

The officer said he is discharging his functions in the PM CARES Trust on an honorary basis which is a charitable trust not created by or under the Constitution or by any law made by the Parliament or by any state legislature.

In his plea, petitioner Gangwal has said that the PM CARES Fund is a 'State' as it was formed by the prime minister on March 27, 2020 to extend assistance to the citizens of India in the wake of the public health emergency -- the ongoing COVID-19 pandemic.

His counsel told the court that if it is found that the PM CARES Fund is not 'State' under the Constitution, usage of the domain name 'gov', the prime minister's photograph, state emblem, etc has to be stopped.

The petition said that the trustees of the fund are the prime minister, defence minister, home minister and finance minister and immediately after the formation of the fund, the Centre through its high government functionaries represented that the fund was set up and operated by the Government of India.

To ensure transparency and accountability, the plea has sought a direction for periodic auditing of PM CARES website and disclosure of the details of donations received by it.

In his alterative prayers, Gangwal has sought to direct the Centre to publicise that the PM CARES Fund is not a fund of the Government of India and to restrain PM CARES from using 'Prime Minister of India' or 'Prime Minister', including its abbreviations and name, on its website, Trust Deed and other official or unofficial communications and advertisements.

The petition challenges a June 2, 2020 order of the Central Public Information Officer (CPIO), PMO, refusing to provide documents sought by him on the ground that PM CARES Fund is not a public authority under the RTI Act.

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News Network
November 19,2024

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 21,2024

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After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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