NEW DELHI: The Delhi High Court on Thursday adjourned the hearing in a plea seeking a declaration of PM CARES Fund as "State" to April 20 under Article 12 of the Constitution of India.
As per the petition, PM CARES Fund performs a public function, which is similar to government functions as it utilises the privileges, benefits, and exemptions which are reserved for the state.
As the matter came for the hearing, Solicitor General Tushar Mehta was not available and it was adjourned for April 20 for the next hearing.
The Prime Minister's Office (PMO) on December 31 told the High Court that the Prime Minister's Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund is not a public authority according to the Right to Information Act, 2005 and not a "State" under Article 12 of the Constitution of India, but a "public charitable trust".
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was dealing with a plea moved by Samyak Gangwal, seeking a declaration of PM CARES Fund as "State" under the Constitution as it would attract consequential directions for disclosing the Fund's audit reports periodically, disclosing the Fund's quarterly details of donations received, utilisation thereof and resolutions on the expenditure of donations.
In its last response, in an affidavit, the Centre said: "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."
The PM CARES Board of Trustees includes the Union Home Minister and the Union Finance Minister, along with Ratan Tata, the former chairman of Tata Sons, KT Thomas, former judge of Supreme Court, and Kariya Munda, the former deputy speaker.
The petitioners, represented by Senior Advocate Shyam Divan argued, “High functionaries of the government like the Vice-President had requested the Rajya Sabha members to make donations” and that “the PM CARES Fund has been projected as a government fund”.
The affidavit, however, calls the PM CARES Fund a “public charitable trust”, which accepts only “voluntary donations” and is “not a business of the Central government”, the response stated, “PM CARES Fund does not receive funds or finances by the Government.”
The Centre had similar submissions earlier saying, PM CARES Fund is not a "public authority" under the ambit of Section 2 (h) of the RTI Act, further clarifying that no government money is credited to the PM CARES Fund and only unconditional and voluntary contributions are accepted under PM CARES Fund.