Govt: PM Cares can’t be brought under RTI

NEW DELHI: The Union government and the PMO have told the Delhi high court that the PM CARES Fund can neither be brought under the ambit of RTI Act as a “public authority”, and nor can it be listed as a “State”.

The Centre, in response to pleas seeking to know the legal status of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES), told a bench of chief justice DN Patel and justice Jyoti Singh in an affidavit that the Fund was set up as a public charitable trust, and not created by or under the Constitution of India, or by any law made by Parliament or any state legislature.

One of the pleas by lawyer Samyak Gangwal sought to declare the PM CARES Fund a “State” under the Constitution to ensure transparency in its functioning. His other petition has sought that PM Cares be brought under RTI as a “public authority”. The matter was listed on Wednesday but was not taken up. The next date of hearing is September 27.

“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).

“…that PM CARES Fund is not a “public authority” under the ambit of Section 2(h) of the RTI Act and therefore the present petition is liable to be dismissed,” the Centre said in its affidavit submitted on September 14, 2020, adding, 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”.