Delhi HC rejects plea to bring PM CARES Fund under RTI Act

Delhi High Court on Wednesday rejected a Public Interest Litigation (PIL) seeking directions to bring the PM CARES Fund under the ambit of Right to Information (RTI) Act for more transparency.

A plea in this regard was filed in the high court last week. 

Rejecting the petition, the Delhi HC said that a plea in this matter is already pending in Karnataka and this is the reason the court does not want to hear the petition at this stage. 

The petition had said that PM CARES is a ‘public authority’ within the ambit of Section 2(h) of the RTI and prayed for a direction to the trust to display the details of the fund collected and the purpose it is being utilized for, on its website. 

The PIL referred to media reports that the  Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) has refused to divulge information under the RTI Act, 2005 by claiming that the fund is not a "public authority" within the ambit of Act.

The petition submitted that any entity that is "owned", "controlled" or "substantially financed" by the government qualifies for a public authority under the RTI Act.."

The petition insisted that the patients who have fallen victim to COVID-19 have the right to know about the fund collected for the very purpose of fighting the virus. 
It also submitted that the patients who need immediate financial assistance to fight the virus, "are not in a position to enforce their fundamental right of being treated and financially supported, by the use of funds collected in the PM CARES fund." 

The petitioner alleged that if the details are not divulged or reluctantly not disclosed, gives the reasons for apprehensions. Petitioner also raised concern as to why should there be any secrecy, as the website also states that persons who manage PM CARES Fund shall have no personal interest.

The petition further said that in two months the amount collected in PM-Cares Fund stands somewhere around Rs 10,000 crore. These donations have largely come from the Public Sector Undertakings, Central Ministries, salaries of armed forces personnel, civil servants and members of the judicial entities. 

These funds have been compulsorily donated into the fund, the PIL claimed. 

With inputs from Nivriti Mohan