Thread by @LawBeatInd

Delhi High Court is hearing a plea seeking a declaration that the #PMCares Fund classifies as "State" under Article 12 of the Constitution.

@PMOIndia @narendramodi

Sr. Adv. Shyam Divan appearing for the petitioner Samyak Gangwal: There is an attempt to portray the fund as being part of the Government of India.

#PMCares

Divan: If the fund is not State under Art.12 it should be restrained from using the prefix "PM", and the centre should not extend secretarial support to the fund.

#PMCares @PMOIndia @narendramodi

Divan: Using the PM's name in the fund itself makes it a government fund, let me get to that. The PM himself is the settler in this Trust and a "Deed of Trust" has been executed by the PM in "public interest".

@PMOIndia @narendramodi

Divan: This institution building is of a "permanent character."

Pointing out that the amount collected in the fund can also be used for schemes by the Prime Minister for calamities, natural disasters, Divan says a public purpose of the "widest objective".

#PMCares @PMOIndia @narendramodi

Court adjourns the matter for post lunch.

Bench reassembles.

Divan: They say that this Trust is not created by or under the Constitution of India or by or under any law of the Parliament.

Divan: They say no judicial review, basically, but judicial review is a part of the basic structure and therefore this self declaration cannot stand.

Divan: A Trust cannot say "I am not the state" and merely because it says so, it can't be that nobody can examine it.

#PMCares @narendramodi @PMOIndia

Divan: I don't think even the courts can set up a Trust like this and say that look the 5-senior most judges will be the ex-officio members but the Trust won't be "State".

#PMCares @narendramodi @PMOIndia

Divan: This is an extra-ordinarily unhealthy precedent.

#PMCares @narendramodi @PMOIndia

Divan reads out clause which says that @PMOIndia will provide secretarial support to the Trust.

Divan: The moment you use the words ex-officio it means that they will be dominant - 4 are ex-officio, including the Prime Minister.

Divan: In light of a Constitutional Bench judgment there is no way that this can not come under the definition of State.

Divan: Cl.14 says the Trustees are bound to maintain documents, regulations, accounts of books. Audits are done by someone appointed by the Trustee, if it is a state the audits have to be done in a different manner.

Divan: The use of the emblem with the #PMCares Fund is very important because it gives the fund an official sanction and faith is placed on the emblem.

@PMOIndia @narendramodi

Divan: I'm referring to a decision of the court -

HC: No Sir, we are not having the judgment.

Divan: Then I'll come back to it later. The message I've received is Compilation 2 is served.

HC: You may refer the compilation.

Divan: Alright, if we're pleased to go to Pg 173, the judgment of Pradeep Kumar Biswas is there.

Divan: Your Lordships, so this is a constitutional bench judgment of 7 judges.

#PMCares @PMOIndia

Divan reads through various other judgments.

HC: Let me note down, you are going so fast, we are not stenographers.

Divan: I'm so sorry.

HC: You're going nicely but we have to also note down.

#CourtroomExchange @shreyagarwal_12