Bring PM CARES Fund Under Right To Information Act, Plea Filed in Delhi HC.
(Judicial Quest News Network)
A plea has been filed in Delhi High Court seeking a direction to the PM CARES Fund to divulge information under the Right to Information Act,2005.
The Petitioner further says that the plea is “seeking a direction to the PM CARES Fund to divulge information under the Right to Information Act, 2005 as PM CARES is a ‘public authority’ within the ambit of Section 2(h) of the said Act and a direction to the trust to display on its website the details of the money received and for what purposes it has been utilized.”
Right of information is a facet of the freedom of “speech and expression” as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right.”
Section 2(h) of the Right to Information Act, 2005 defines ‘public authority’, inter alia, as a body owned, controlled, or substantially financed by an appropriate government. This Hon’ble Court has in National Stock Exchange of India Limited Vs. Central Information Commission & Ors. W.P(C) No. 4748 of 2007 held that the three conditions i.e. owned, controlled, substantially financed are distinct in alternative and not cumulative. Thus, if any one of the three conditions is satisfied, satisfaction of conditions mentioned in (a) to (d) of Section 2(h) need not be examined.
The Petitioner has submitted that any Body that is “Owned”, “Controlled” or “Substantially Financed” by the Government qualifies a public authority under the RTI Act,2005.
Relying on Media Report, the petitioner has informed the Court that on May,31, PM CARES Fund refused to divulge information sough by one Harsha Kundakarni under RTI Act,2005 by claiming that it was not a public authority” within the ambit of Section 2(h) of the RTI Act,2005.
The Prime Minister had announced about the creation of the Fund on 28.03.2020, urging all Indians to Donate to the fund to fight COVID-19. After a period of two months a corpus of the funds stands at approximately Rs.10,000 Crores and the amount has been so collected upon strength of prestige lent by the office of the Prime Minister.
He has further contended that to establish control of the Government it is submitted,
The Prime Minister is the ex-officio chairman of PMCARES fund while the ministers of Defense, Home Affairs and Finance are its ex-officio trustees. The Chairman and trustees of the fund further have the power to appoint three additional trustees. The Rules/criterions for spending the funds of the trust shall be formulated by the Prime Minister and the three ministers aforementioned.
Further the petitioner submits that f PM CARES is held not to be a public authority, t needs to be examined as to whether the public authorities at the highest level could prompt the government agencies, public servants to contribute to this fund whose details are now sought to be kept in secret.
‘Every victim of Covid-19 is interested in and has a right to know as to how much fund has been collected and how the same is being expended or is planned to be expended. These victims are not able to enforce their fundamental right to get medical treatment and financial support and hence the Petitioner, being a public-spirited person is compelled to file the present Writ Petition in the nature of PIL.
The petitioner says that the reluctance of the trustees of the Fund in divulging information as to the management of the fundraises a “profoundly serious apprehension “since the fund has been set up to fight COVID-19 whish is a public cause.
The petition has been file by Dr. SS Hooda through Advocate Aditya Hooda.
The matter is likely to be listed on 10-6-2020.
