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The plea has sought declaration that PM CARES Fund is "State" under Article 12 of the Constitution of India which would thus make it open for auditing and disclosure
Senior Advocate Shyam Divan on Tuesday, while appearing for the petitioner, submitted that India has a history where "such things had been misused", while referring to the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund. He was appearing for Samyak Gangwal, an advocate, in a plea seeking to declare PMCARES fund as "State" under Article 12 of the Constitution of India.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad heard arguments of Senior Advocate Shyam Divan and listed the matter for hearing Solicitor General Tushar Mehta on a later date.
According to the petitioner, the "PM CARES Fund performs a public function, which is similar to government functions. It utilises the privileges, benefits, and exemptions which are reserved for the state".
Today, Divan submitted that the Fund has been represented by all the State machineries as a Government initiative and requested the public at large to donate. "Merely by declaring in a trust deed that you are not a 'state' doesn't exclude you from coming under the constitution," Divan added.
Divan further submitted that if the PM CARES fund is a trust, then they can't use Government of India's website, Ashoka Chakra, etc. Divan argued that "You can either be 'state' or not."
Additionally, Divan argued that it has been shown that the Government of India has set up the PM CARES fund, there are memorandums issued by Ministries and Government functionaries for the public at large.
"If it's not 'State' then it must be declared that it is not the Government of India and it must be restrained from using Prime Minister's office, Ashok chakra, Government's website, etc. You can't have a hybrid situation," Divan added.
The plea argued, “It is unimaginable that a fund, which has been set up by the Prime Minister of India, has been declared to be a fund over which there is no government control.”
Additionally, it submitted that Art. 12 of the Constitution of India reads thus, “Definition in this part unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”
Fundamental rights under Part III of the Constitution of India can be enforced under authorities under Article 12.
Read More: Centre Files Affidavit On Plea Against PM CARES Fund: A Quick Look At Centre’s Position
Case Title: Samyak Gangwal Vs. CPIO, PM Office & Ors.
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