The Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund filed an affidavit before the Delhi High Court, stating that it’s not a “public authority” and that it is “not controlled by Centre or any state government”.
“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 Governments, either direct or indirect, in functioning of the Trust in any manner whatsoever,” said the PM CARES Fund by way of an affidavit before a division bench of the high court presided over by Chief Justice Satish Chandra Sharma.
The affidavit drafted by Advocate Rajat Nair on behalf of PM CARES further stated that the Trust has not been created by or under the Constitution and is set up as a “public charitable Trust”.
“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,” the affidavit read.
It further added that the Trust is not a “public authority” within the meaning of Section 2(h)(d) of the Right to Information Act, 2005.
PM CARES further told the court that it 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.
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“Conditional contributions, where the donor specifically mentions that the amount is meant for a particular purpose, are not accepted in the Fund,” it added.
The Trust also accused the petitioner for attempting to direct the spotlight on himself by indulging into such litigious practices ought not to be given countenance to invoke the writ jurisdiction of the High Court.
The Trust further told the court 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 and is neither intended to be nor in fact result into any governmental control in the functioning of the Trust in any manner whatsoever.
Petitioner Samyak Gangwal, represented through senior advocate Shyam Divan, in the petition filed in 2021 has sought to declare PM CARES Fund a ‘State’ under Article 12 of the Constitution and to direct the fund to disclose its audit reports on the PM CARES website periodically.
In the 2021 petition, he has also sought direction to disclose funds deposited every quarter, on the PM CARES website, and the details of the donations received by it which shall include each donor’s name.
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