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PM Cares Fund to be declared as public authority under the RTI Act, plea filed before Delhi High Court:-

Single Judge Bench of justice Navin Chawla accordingly granted 6 weeks time to the PMO to file a response to the plea preferred by Samyak Gangwal.

Petitioner Samyak Gangwal morphed and RTI application soliciting the facets of the following documents thoroughly:

1. A copy of Trust deed of the PM Cares Fund.

2. Copy of the document / letter / memo vide which PM Cares Fund was constituted.

3. A copy of the entire file including note sheets / letters /Communications / office memos / orders etc. wherein the decision to constitute PM Cares Fund was taken.

The Central Public Information officer, Prime Minister’s Office(CPIO) replied to the petitioners application stating that the PM cares fund is not to be considered under the Ambit of section 2(h) of RTI Act, 2005 as a public authority on the 2nd of June.

The petitioner aggrieved by the reply moved the Delhi High Court contending that the PM Cares Fund was a public authority as it was not only Governed and controlled by the government but also owned by it. As it was constituted on the order of the Government and has an official website with a registered domain name as “pmcares.gov.in” wherein the said Fund is being promoted using State Emblem of India.

The state emblem of India is even used in all communications and advertisement platforms in print and television media. This clearly states that it is a public authority as it is created and wholly operated by the Government of India.

The petitioner even argued that the PMO even released a Press note urging all generously donate the PM Cares Fund in view of covid-19.

The response of the PMO would be submitted by the Solicitor General Tushar Mehta in Delhi High Court as to how the plea should be dismissed and it is not maintainable.

Meanwhile a PIL was instated acquiring the directions to divulge the information of PM Cares Fund under the RTI Act, 2005 which was dismissed and withdrawn earlier today by the plaintiff. The PIL was listed for hearing before the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan, preferred by the petitioner Dr. SS Hooda.

The present plea is represented by Advocate Avi Singh and the matter is said to be heard next on 28th of August.

By Rajat Verma of MMDU

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