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PMO to Delhi HC: PM-CARES does not Belong to Indian Govt

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NARENDRA MODI PRIME MINISTER LAW INSIDER IN

NARENDRA MODI PRIME MINISTER LAW INSIDER IN

Alka Verma-

Published On: September 23, 2021 at 14:20 IST

The Prime Minister Office (PMO) recently informed the Delhi High Court that the Prime Minister’s Citizen Assistance and Relief in Emergency Situation (PM CARES) Funds asset isn’t an asset of the Government of India and its sum doesn’t go in the Consolidated Fund of India.

The Centre expressed this in the reply of a Plea documented in the Delhi High Court looking that PM-CARES Fund ought to be proclaimed as ‘The State’ under Article 12 of the Constitution.

Pradeep Kumar Srivastava who is an Under-Secretary at the PMO, educated the Delhi High Court that it is not obliged to share any third-party data under the Right to Information Act.

“Irrespective of whether the trust is a ‘State’ or other authority within the meaning of Article 12 of the Constitution of India and or whether it is a ‘public authority’ within the meaning of section 2[h] of Right to Information Act, Section 8 in general and that of provisions contained in subsection [e] and [j], in particular, of the Right to Information Act, it is not permissible to disclose third party information.,” stated Srivastava.

Srivastava likewise informed the Court that he holds a privileged post in the trust and its capacities with straightforwardness.

The Under- Secretary also guaranteed that the PM-CARES Reserve is evaluated by a Chartered Accountant who is a piece of the board established by the Comptroller and Auditor General of India.

“To ensure transparency, the audited report is put on the official website of the trust along with the details of utilization of funds received by the trust.,” stated the reply.

The Applicant had additionally featured that a passage in the Trust Deed says the Asset was not made by or under the Constitution or by any law made by Parliament or State Assembly.

To this, Srivastava added, “In view of the specific provisions of Section 8 of the Right to Information Act, the relief against para 5.3 of the trust deed dated 27.3.2020 pales into insignificance”.

The request in the Delhi High Court additionally fights that while the asset was set up by the Prime Minister and its Trustees are Ministers of Home, Defense and Finance, it has been pronounced to be an asset which isn’t constrained by the Government Authority and common people are upset with this.

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