Delhi High Court rejects plea to bring PM CARES Fund under RTI Act

Delhi High Court on Wednesday (June 10) rejected a Public Interest Litigation (PIL) which sought to bring the PM CARES Fund under the ambit of Right to Information (RTI) Act and calls for more transparency in it. The Delhi HC said that a plea in this matter is already pending in Karnataka and this is the reason why the court does not want to hear this care as of now.

The petition stated that the PM CARES Fund is a ‘public authority’ within the ambit of Section 2(h) of the Right to Information Act and prayed for a direction to the trust to display the details of the fund collected and the purpose for which it is being utilized for on its website. 

The petition also submitted that "Anybody that is "owned", "controlled" or "substantially financed" by the Government qualifies for a public authority under the RTI Act.."

The petitioner also 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 maintained 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 had also expressed apprehension that if the details of PM Cares Fund are not divulged or disclosed, it gives reasons for suspicions. The 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 argued that in 2 months, the amount collected in PM Cares Fund stands somewhere around Rs 10,000 crores. 

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 PM Cares Fund, it stated.