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The High Court of Bombay sought a reply from the Centre on a petition filed in the court seeking an audit of the PM Cares Fund by CAG and the public declaration of funds received in the name of PM-Cares Fund. PM- Cares is a public charitable fund created by the government of India to tackle with the Covid-19 crisis. However, the government earlier refused to consider it as a public authority to be covered under RTI Act 2005.
The petition was filed by an advocate namely Arvind Waghmare before a Division bench comprising of Justice Sunil B Shukre and Justice Anil S Kilor. The bench directed the centre to file an affidavit in reply to the petition and also clarify its stand on the issues raised in the plea.
The counsel on behalf of state contended that the petition must be dismissed as two petitions of the same nature were dismissed by the Apex court earlier in April. The bench however noted that this petition raises some different issues and demands some different reliefs. The bench directed the centre to file an affidavit within 2 weeks.
The petitioner pleads that PM- Cares Fund got Rs. 6500 crore in the first week and further data has not been made available. Further, the petitioner submitted that in accordance with the guidelines of the fund, it was required to appoint or nominate three more trustees in addition to present chairperson and three trustees. But no appointment has been made till date.
The directions in regard to appointment or nomination of at least two members from opposition parties in the Lok Sabha as well as in the Rajya Sabha has been sought so that the fund may have a proper check and transparency. The petitioner also pleads directions in regard to allowing the Comptroller and Auditor General of India to audit the PM Cares Fund. The government earlier wanted an independent auditor selected by the trustees of the fund to deal with auditing of the fund.
The concern regarding the utilisation of the fund was also raised.
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