The PM CARES (Prime Minister's Citizen Assistance and Relief in Emergency Situations) Fund was initiated on 28th March 2020, to deal with any kind of emergency or distress situation because of the COVID-19 pandemic.
Over the next months, several RTIs and petitions were filed, seeking further information regarding the Fund. The opposition, as well as many citizens, also questioned the need for the same, since they already exist the Prime Minister's National Relief Fund.
On 9th March, an application was filed by Mr Saket Gokhale, a social activist, seeking a copy of trust deed and the Trustees of the Fund, in addition to the exemption certificated granted to the Fund under Sections 12A and 80G of the Income Tax Act, 2011. Disposing this application, on June 5, the CPIO (Central Public Information Officer) stated that the Fund is not a "public authority" under the RTI Act, and hence there could be no other information disclosed than that available on the official website.
Gokhale then filed a statutory appeal under the RTI Act to challenge the above disposal. He pointed out that the Prime Minister was the ex-officio chairman of the Fund and the PMO is the honorary custodian of the matters related to the Fund. He further stated that since various public sector utilities, including the Indian Railways, have heavily contributed towards the Fund, it comes a "public authority" under Section 2(h) of the RTI Act, which defines an entity substantially financed, directly or indirectly, by the Government to be a public authority. Further, it was highlighted that Schedule II of the Companies Act, 2013, was amended on May 29th to include donations made to the PM CARES Fund under Corporate Social Responsibility (CSR) contributions, due to which, a lot of people have had salary cuts to donate heavily to the Fund under the same.
The Appellate Authority of the Prime Minister's Office, on June 29th, passed an order, upholding the disposal of Gokhale's application by the CPIO, reiterating that the Fund does not fall under the ambit of being a "public authority" under Section 2(h) of the RTI Act and that enough relevant information was available on the official website. It was further told to Mr Gokhale that he could move the Central Information Commission within a period of 90 days if he was still dissatisfied with the response.
The Bombay High Court had sought a response from the Centre to a petition filed by a lawyer, seeking an audit by the Comptroller and Auditor General of India and public declaration of the Fund, on May 14.
The Delhi High Court also sought a response from the Solicitor General, seeking a declaration that the Fund was eligible to be a public authority under the RTI Act.
The last is yet to be heard concerning the PM CARES Fund.