The case was postponed because Solicitor General Tushar Mehta wasn’t available.
New Delhi: On Thursday, the Delhi High Court postponed hearing on a petition asking that PM CARES Fund be recognized as a “State” under Article 12 of the Indian Constitution until April 20.
The case was postponed because Solicitor General Tushar Mehta wasn’t available.
On December 31, the Prime Minister’s Office (PMO) informed the High Court that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund is not a “State” under Article 12 of the Indian Constitution and is instead a “public charitable trust” as defined by the Right to Information Act, 2005.
A petition filed by Samyak Gangwal seeking a declaration of PM CARES Fund as a “State” under the Constitution was being heard by a division bench consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. It further stated that it would result in directives for the periodic disclosure of the Fund’s audit reports as well as for the quarterly disclosure of the Fund’s use of donations and decisions about their spending.
According to the affidavit, the argument is supported by “apprehensions and suppositions,” and a constitutional issue shouldn’t be addressed in a vacuum.
The affidavit was submitted to the court by the Under Secretary of PMO and stated: “This Trust is neither intended to be, nor is it really owned, controlled, or significantly supported by any government or any of its instrumentalities. The operation of the Trust is in no way, shape, or form under the direct or indirect authority of the federal government or any state governments.
The PM CARES Fund is a public charity trust that exclusively accepts voluntary donations, and therefore is unquestionably not the Centre’s business, according to the evidence that was filed.
PM CARES Fund does not get money or resources from the government,” it was mentioned.
However, Senior Advocate Shyam Divan, the petitioner’s attorney, said that “the PM CARES Fund has been portrayed as a government fund” and that “high functionaries of the government including the Vice President have encouraged the Rajya Sabha members to make donations.”
The PMO had responded, saying: “The PM CARES Fund is operated on the same principles as the Prime Minister’s National Relief Fund (PMNRF), since both are presided over by the Prime Minister. The National Emblem and website address “gov.in,” which are utilized for the PMNRF, are also used for the PM CARES Fund.
the Supreme Court, the Union Home Minister, the Union Finance Minister, the former chairman of Tata Sons Ratan Tata, the former Judge K.T. Thomas, and the former Deputy Speaker Kariya Mund – is merely for administrative convenience and for smooth succession to the trusteeship and is neither intended to be nor in fact results in any governmental control in the functio
In addition to the Constitutional proclamation of PM CARES Fund as a ‘State,’ Gangwal has also requested that PM CARES Fund refrain from using the terms ‘PM’ in its names or websites, the State Emblem, the domain name ‘gov,’ and the PM’s Office as its logo official address.
The PM CARES Fund’s trust deed was officially registered as a public charitable trust in New Delhi on March 27, 2020 in accordance with the Registration Act of 1908.
A public charitable trust with the name PM CARES Fund was established, the affidavit stated, “keeping in mind the need for having a dedicated fund with the primary objective of dealing with any kind of emergency or distress situation, like posed by the Covid-19 pandemic, and providing relief to the affected.
