Plea filed before Delhi HC to direct PM CARES Fund to divulge information under RTI Act

A petition has been filed before the Delhi High Court seeking a direction to the PM CARES Fund to divulge information under the Right to Information Act, 2005..The Petition asserts that the PM CARES Fund is a ‘public authority’ within the ambit of Section 2(h) of the RTI Act and is thus obligated to disclose not only the details of the money received by it but also the details of its utilization..The Petition has been preferred by Advocate Dr Surender Singh Hooda. .Relying on media reports, the Petitioner has informed the Court that on May 31, the PM CARES Fund refused to divulge information sought by one Harsha Kundakarni under the Right to Information Act, 2005 by claiming that it was not a ‘public authority’ within the ambit of Section 2(h) of the RTI Act, 2005..PM Cares Fund is not a public authority under the RTI Act: Response to RTI filed by lawyer.The Petitioner has stated that the Fund was set up to fight COVID-19, a public cause, and as much as Rs 10,000 crore was collected by way of donations from public at large, including donations from the Public Sector Undertakings, salaries of armed forces personnel, civil servants and members of the judicial entities. .Under such a circumstance, the reluctance of the trustees of the Fund in divulging information with respect to its management raises a profoundly serious apprehension, the Petitioner has asserted.."It is well known that sunlight is the best disinfectant and all the undesirable activities are done under the cover of darkness. Transparency is the bedrock of rule of law and opaqueness smells of ulterior motives or at least is indicative of feudal mindset and hawkish attitude, which is opposed to being fair, just and reasonable in public dealings.", the Petition reads. .The Petitioner has thus claimed that he has filed the present petition on behalf of every COVID-19 victim who has the right to know how the Fund was spending the donations.."The soldiers of our armed forces who have also contributed their hard-earned salaries also have a right to know that their contribution has gone towards the objectives set forth by the fund. The members of public who have contributed also have a right to know..", the Petitioner adds as he informs that the PM CARES Fund is controlled by the Government..The Petitioner has prayed that in the interest of justice, the exercise of filing of an RTI application by the Petitioner on the issue and then filing an appeal before the statutory authority concerned against the finding may be dispensed with. .The matter is likely to be heard on June 10.