Thread by @barandbench

PM Cares Fund is not created under the Constitution of India or by any law made by the Parliament or by any State Legislature, Centre government tells Delhi High Court.
#DelhiHighCourt #PMCaresFund

In a detailed affidavit, the Centre has said that there is "no control of either the Central Government or any State Government/s, either direct or indirect, in functioning of the Trust in any manner whatsoever."
#DelhiHighCourt #PMCaresFund

The response states that the composition of the Board of Trustees consisting of holders of Public Office ex Officio is merely for administrative convenience and for smooth succession to the Trusteeship.
#DelhiHighCourt #PMCaresFund

It has been stated that PM CARES is not a "public authority" within the meaning of Section 2(h)(d) of the Right to Information Act, and therefore provisions of RTI Act cannot be made applicable on the trust.
#DelhiHighCourt #PMCaresFund

The court has been told that PMCARES accepts only voluntary donations and contributions flowing out of budgetary sources of Government or from the balance sheets of the public sector undertakings are not accepted.

The government has said that PM Cares uses the National Emblem and the domain name 'gov.in' because they are used by the PM National Relief Fund.

PM Cares is administered on the same pattern, the response says.

"...PM CARES Fund is administered on the pattern of Prime Minister's National Relief Fund (PMNRF) as both are chaired by the Prime Minister," the government said.
#DelhiHighCourt #PMCaresFund

The Centre has filed a detailed response after the High Court expressed its displeasure over its earlier response which was barely one-page long.
#DelhiHighCourt #PMCaresFund

Sr Adv Shyam Divan appeared for the petitioners today and argued that High functionaries of the government like the Vice-President had requested the Rajya Sabha members to make donations.

#DelhiHighCourt #PMCaresFund

Divan said all these high functionaries are very responsible people and the PM Cares Fund has been projected as the government fund.
#DelhiHighCourt #PMCaresFund

“There is certain gravitational force that the constitution establishes. You are allowed large amount of flexibility… but you can’t have a hybrid system. Either you follow the constitution or you don’t. Either the constitution applies or it doesn't," he said.

Divan has now concluded his arguments int he case.

A bench of CJ Satish Chandra Sharma and J Subramonium Prasad has asked the SG Tushar Mehta's office to inform when he would be available to argue the government's case.