Thread by @barandbench

Delhi High Court hearing a petition seeking declaration of PM Cares fund a state or else restrain from using the Prime Minister's image or national emblem.
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Hearing going on before bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla.
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Solicitor General Tushar Mehta appears and requests the case to be adjourned since he is on his legs in another matter.

"I understand petitioner’s urgency must be immense. I will also try to find out the interest the petitioner is espousing that they can’t even wait," SG.

I want to know which great interest he is espousing... Your lordships may not have a choice when something of an ambush like this takes place: SG.

Bench tells Mehta that the petitioner has said he will argue only for 20 minutes and ample time will be given to the government to give its response.
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Bench asks the counsel appearing for petitioner if he is saying that such a fund cannot be set up at all?
Counsel: I am saying if such a fund is set up, it is state. It has all the ex-officio people as its members.

Counsel: High constitutional functionaries like the vice-president and cabinet secretary are writing saying it is a government fund.

Sr Advocate Shyam Divan is appearing for the petitioner.
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J Navin Chawla asks if the the High Court under Article 226 can give a declaration that a body is private or not.
Divan: Yes, 226 is meant for that.
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J Chawla: I don't think the SC has said that relief of declaration can be given in pure vacuum.
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Divan: The writ which is the second petition here is wrt to RTI act because they refused the details. Your lordships have now extended article 226 to ensure public accountability.

Divan: The institution (PM Cares Funda) has completely undermined public accountability.
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Divan: The most important issue here is of public accountability. Can we allow these cozy arrangements under our constitution?
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Divan now takes the court through the judgments regarding Article 12 of the constitution.
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Divan: At all the time, they have projected that they are government fund.
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Divan: They have collected over Rs 3000 crore. It is more than the 7 mars missions.
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Divan: If we are going to prevent the quid pro quo business then we can't have this situation where such money is accepted and we don't know what is happening. It is the issue of good governance.

Divan concludes.
Divan: As far as second petition is concerned, it will depend on the judgment in this issue.
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Divan: I might add, that we are not suggesting any action has taken that is mala fide. But it is legally obnoxious and goes against the constitution.
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Bench asks ASG Chetan Sharma as to when they will make their submission.

ASG: The second matter has to be heard first. It is not in vacuum so your lordships will have to decide the latter part in the first. Locus and maintainability also has to be decided.

Divan: The second matter is related to RTI act. In that matter we have the benefit of the SC order. If the fund is indeed a state then we have no issue.

Bench dictates order.
Order: Mr Divan has advanced his submission. On behalf of Respondents, SG has to advance his submissions however he is held up in another matter.

Order:
Court lists the case for further hearing on July 4.

The matter related to RTI applicability to the PM Cares fund will also be listed on the same day.
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Next date of hearing is 12 July.
Hearing over.
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