During the final hearing in a petition seeking court direction to declare the PM-CARES fund a ‘State’ under the Constitution to ensure transparency in its functioning, Senior Advocate Shyam Divan appeared for the petitioner and submitted that use of national emblem conveys that PM-CARES fund belongs to Government of India.
Divan further argued that PM-CARES is using the Government of India portal and the national emblem is also on the left side. “If trust’s fund is not a fund of Government of India then this would be violations of it as it is a private party. The trustees of it are also not ordinary functionaries. They have taken a high oath of office,” he said. The bench of Justice DN Patel and Justice Jyoti Singh on Wednesday after hearing the submissions in length adjourned the matter for October 11 for further hearing.
The petition was filed by Samyak Gangwal, who sought to declare the PM-CARES fund a ‘State’ under the Constitution.
The petitioner has also sought direction to restrain PM-CARES fund from using Prime Minister of India or Prime Minister including its abbreviations in its name and on its website, Trust Deed and other official/unofficial communications and advertisements. He also sought to restrain the PM CARES FUND from using the State Emblem of India on its website, Trust Deed other official/ unofficial communications and advertisements.
Senior advocate Shyam Divan appeared for the petitioner.
In another petition, Gangwal has challenged the decision of the Central Public Information Officer, Prime Minister’s Office wherein the RTI application seeking documents related to the PM Cares Fund fund was denied. Gangwal has filed its petition through advocates Debopriyo Moulik and Ayush Shrivastava. The petitioner has challenged the order dated June 2 passed by Central Public Information Officer, Prime Minister’s Office (‘PMO’) to RTI Application. The CPIO refused to provide the documents sought by the petitioner on grounds that PM-CARES fund is not a ‘Public Authority as defined in the RTI, Act 2005.
Recently, Prime Minister’s Office (PMO) informed the Delhi High Court that the PM-CARES fund is not a fund of the Government of India and the amount does not go in the Consolidated Fund of India.