The PMO informed the Delhi High Court on thursday that the PM Care fund is not a government of India fund and the amount collected does not go to the consolidated fund of India. The PM Cares is a Fund is run by a trust and is audited by an auditor who is drawn from the panel prepared by the auditor general of India.
An affidavit filed by an Under-Secretary at the Prime Minister’s Office (PMO) who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency . 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.
Pradeep Kumar Srivastav, who is the under secretariat at the Prime Ministers Office said in his affidavit that in order to maintain transparency the audit report is available on the official website of the trust along with necessary details.
“I state that when the petitioner is claiming to be a public-spirited person and seeking to pray for various reliefs only for transparency, it does not matter whether PM Cares is a ‘State’ within the meaning of Article 12 of the Constitution of India,” the officer mentioned in the affidavit.
Irrespective of the fact that the trust is a state or a public authority, within the provisions of the Article 12 of the constitution which is the Right to Information Act, the trust is not permissible to disclose the information regarding a third party.