Plea in Delhi HC to bring PM-CARES under RTI

A Public Interest Litigation (PIL) moved in Delhi High Court has sought directions that PM CARES Fund be brought under the ambit of Right to Information Act (RTI) and be made transparent.

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

Petition insists 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 submits that the patients who need immediate financial assistance to fight the virus, "are not in a position to enforce their fundamental right of being treatedand financially supported, by the use of funds collected in the PM CARES fund."

Petitioner through his petition alleges that if the details are not divulged or reluctantly not disclosed, gives the reasons for apprehensions. Petitioner also raises 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.

Petition submits that in two months the amount collected in PM-Cares Fund stand 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.