He argued that the government deeply controls the fund and has been established by the government through PMO. “PM CARES Fund performs a public function which is similar to government functions and PM CARES Fund utilizes the privileges, benefits and exemptions which are reserved for the State,”
The Centre earlier sought adjournment of the case citing the unavailability of Solicitor General Tushar Mehta. Mehta, who during the hearing later appeared virtually, questioned the “source” behind the petition and said that the court needs to examine that. “I just want to know and appraise your lordships, which is that great interest which the petitioner is espousing,” submitted Mehta.
Divan last year argued in the same case argued that the Constitution requires transparency and the PM CARES fund also must come within that discipline, when all along it was projected by the highest functionaries in the State that the charitable trust has been set up by the Government of India.
Gangwal in the petition has contended that citizens of the country are aggrieved that a fund set up by the Prime Minister and with trustees like the PM and ministers of Home, Defence and Finance has been declared to be a fund over which there is no government control. Gangwal in the case concluded arguments on Tuesday. The case has now been listed for hearing in July.
PM CARES Fund, a charitable trust under the law, last year told the High Court that the Trust’s fund is not a fund of the Government of India and its amount does not go in the Consolidated Fund of India.
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Also, Read – https://indianlawinfo.in/assam-court-rejects-jignesh-mevanis-bail/
Sources – The Indian Express