The Prime Minister’s Office (PMO) on Tuesday informed the Delhi High Court that the PM CARES Fund is not a Government fund as donations to it do not go to the Consolidated Fund of India and no third party information can be parted with irrespective of its status under the Constitution and the Right to Information (RTI) Act.
An affidavit filed by an Under Secretary at PMO, who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency and its funds are audited by an auditor -- a chartered accountant drawn from the panel prepared by the Comptroller and Auditor General of India.
The PMO contended that irrespective of the status of Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) under the Constitution and the RTI Act, it is not permissible to disclose third party information.
The affidavit was filed in response to a petition seeking a direction to declare the PM CARES Fund a 'State' under the Constitution to ensure transparency in its functioning. The same petitioner has also filed another petition to declare PM CARES as a "public authority" under the RTI Act, which is being heard together with this plea.