PM-CARES not a fund of Govt of India; can't be brought under RTI: PMO

News Network
September 23, 2021

The Prime Minister’s Office (PMO) has told Delhi High Court that Prime Minister's Citizen Assistance and Relief In Emergency Fund, or the PM-CARES Fund, which was created in the wake of the Covid-19 pandemic, does not come under the Government of India and it cannot be brought under the ambit of Right to Information (RTI) Act. Also, the amount collected by it does not go to the Consolidated Fund of India, the Delhi High Court has been informed.

The Centre, in an affidavit, said that the Fund can neither be listed as "State" nor "public authority" under the Right to Information as it received funds from private sources.

An affidavit filed by an Under Secretary at the Prime Minister’s Office (PMO) who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency and its funds are audited by an auditor -- a chartered accountant drawn from the panel prepared by the Comptroller and Auditor General of India.

The affidavit was filed in response to a petition seeking a direction to declare the PM-CARES Fund a 'State' under the Constitution to ensure transparency in its functioning.

A bench of Chief Justice D N Patel and Justice Amit Bansal has fixed the matter for further hearing on September 27.

"To ensure transparency, the audited report is put on the official website of the trust along with the details of utilisation of funds received by the trust,” says the affidavit filed by Pradeep Kumar Srivastava, Under Secretary at the PMO.

“I state that when the petitioner is claiming to be a public-spirited person and seeking to pray for various reliefs only for transparency, it does not matter whether PM-CARES is a ‘State’ within the meaning of Article 12 of the Constitution of India,” the officer said in the affidavit.

Irrespective of whether the trust is a ‘State’ or other authority within the meaning of Article 12 of the Constitution or whether it is a ‘public authority’ within the meaning of provisions of the Right to Information Act (RTI), it is not permissible to disclose third party information.It said that all donations received by the trust are received via online payments, cheques or Demand Drafts and the amount received is audited with the audited report and the expenditure of trust fund displayed on the website.

“The trust functions on the principles of transparency and public good in larger public interest like any other charitable trust and, therefore, cannot have any objection in uploading all its resolutions on its website to ensure transparency,” it said, while reiterating that “the trust’s fund is not a fund of Government of India and the amount does not go in the Consolidated Fund of India.”

The officer said he is discharging his functions in the PM-CARES Trust on honorary basis, which is a charitable trust not created by or under the Constitution or by any law made by the Parliament or by any State legislature. “Despite being an officer of the Central government, I am permitted to discharge my functions in PM-CARES Trust on an honorary basis,” he said.

The court was hearing a petition filed by Samyak Gangwal who has said that the PM-CARES Fund is a 'State' as it was formed by the Prime Minister on March 27, 2020 to extend assistance to the citizens of India in the wake of the public health emergency -- the ongoing Covid-19 Pandemic. His counsel had told the court that if it is found that the PM-CARES Fund is not 'State' under the Constitution, usage of the domain name '.gov.in', the Prime Minister's photograph, state emblem etc has to be stopped.

The petition said that the Trustees of the fund are the Prime Minister, Defence Minister, Home Minister and the Finance Minister and immediately after the formation of the fund, the Centre through its high government functionaries represented that the fund was set up and operated by the Government of India.

To ensure transparency and accountability, the plea has sought a direction for periodic auditing of PM-CARES website and disclosure of the details of donations received by it.

In his alterative prayers, Gangwal has sought to direct the Centre to publicise that the PM-CARES Fund is not a fund of the Government of India and to restrain PM-CARES from using 'Prime Minister of India' or 'Prime Minister', including its abbreviations its name, on its website, Trust Deed and other official or unofficial communications and advertisements.

On March 9, the court had said it was not inclined to issue notice on the plea as the Centre was already represented through counsel who may file their written submissions.

The petitioner has also filed another petition to declare PM-CARES as a 'public authority' under the Right to Information (RTI) Act, which is being heard together with the first plea.

This petition challenges a June 2, 2020 order of the Central Public Information Officer (CPIO), PMO, refusing to provide documents sought by him on the ground that PM-CARES Fund is not a public authority under the RTI Act.

Solicitor General Tushar Mehta, who represented PMO, had opposed the petition, stating that it was not maintainable and that he would file a response explaining why it should not be entertained. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 5,2024

gowdadynasty.jpg

Bengaluru: A striking feature in the candidates list for the April 26 Lok Sabha elections in Karnataka is the presence of members of Janata Dal (Secular)'s first family.

Former Prime Minister and JD(S) patriarch H D Deve Gowda's son H D Kumaraswamy, son-in-law C N Manjunath and grandson Prajwal Revanna are all in the fray.

While state JD(S) chief and former Chief Minister H D Kumararaswamy is contesting from Mandya, Prajwal Revanna is seeking reelection from Hassan.

However, Manjunath, an eminent cardiologist, is contesting from Bangalore Rural on a BJP ticket, as per the arrangement between the alliance partners.

With the entry of cardiologist Manjunath into the poll arena, at least nine members of Gowda's immediate family are or have been in electoral politics.

Gowda is a Member of Rajya Sabha from Karnataka, while Kumaraswamy is an MLA from Channapatna, which comes under the Bangalore Rural Lok Sabha constituency.

Kumaraswamy's wife Anitha had represented Ramanagara as MLA in the previous assembly, and Nikhil, who is the JD(S) youth wing leader, had unsuccessfully contested the 2019 Lok Sabha polls from Mandya and 2023 assembly polls from Ramanagara.

Gowda's elder son and former Minister H D Revanna -- father of Prajwal -- is MLA from Holenarsipura, his wife Bhavani Revanna was a member of the Hassan Zilla Panchayat. Their other son, Suraj, is an MLC.

The Gowda family currently has its representation in all the four major houses of public representatives- Lok Sabha, Rajya Sabha, Legislative Assembly and Legislative Council.

This will be for the second consecutive time in the Lok Sabha elections, when three members from Gowda's family are in the fray from constituencies of the old-Mysore region (south Karnataka), which is considered to be the party's stronghold, because of the dominance of the Vokkaliga community here, to which they belong to.

Gowda (Tumkur), Prajwal Revanna (Hassan), and Kumaraswamy's son Nikhil (Mandya) had contested the Lok Sabha poll in 2019, but only Revanna emerged victorious. In fact, he was among the only two candidates from the then ruling Congress-JD(S) alliance, who won; the other being D K Suresh of Congress from Bangalore Rural.

As part of the seat-sharing deal in this Lok Sabha polls in Karnataka, the BJP would contest in 25 constituencies and the JD(S) in the remaining three -- Mandya, Hassan and Kolar. JD(S) has fielded M Mallesh Babu from Kolar.

In the 2023 assembly polls, three members of the Gowda family had contested - Kumaraswamy (Channapatna), H D Revanna (Holenarasipur), and Nikhil Kumaraswamy (Ramanagara). In the 2018 assembly polls, both Kumaraswamy and Revanna had won.

Kumaraswamy, who had then won from two seats - Ramanagara and Channapatna - vacated Ramanagara, which his wife Anita Kumaraswamy subsequently won in the bypolls.

According to some political observers, the perception in some quarters about JD(S) being too family-centric is one of its major drawbacks.

James Manor, University of London professor, who has been a keen observer of Karnataka's politics, during a webinar ahead of assembly polls last year had said, family-centred politics is causing discontent and leading to desertion. 'JD(S) suffers from over-centralisation and dictatorial leadership.'

However, Kumaraswamy has time and again defended family members contesting polls stating that , '....our family members will contest where we don't have a capable candidate, to protect the interest of our party and its workers.'

However, the JD(S)'s dynastic party image has always been used by its political opponents to target it.

Karnataka Deputy Chief Minister and state Congress president D K Shivakumar, had a dig at Gowda for fielding his son, grandson, and son-in-law, and asked 'Were there no other candidates (in JD(S))?'

'None of them is going to win...JD(S) is a party that has lost strength. If it is really strong, why did they make their son-in-law contest on a BJP ticket?' he said.

Some political analysts held the view that JD(S)' inability to grow beyond the Vokkaliga dominated old-Mysore region -- other than certain select pockets of north Karnataka -- is seen as among its other key drawbacks.

Speculations are already rife in JD(S) circles that Nikhil is most likely to be the party candidate from Channaptna assembly segment, in case Kumaraswamy wins in Mandya.

Ahead of assembly polls last year, differences in the Gowda family had come out in the open with H D Revanna's wife Bhavani wanting to contest from Hassan, but Kumaraswamy had opposed it and finally gave the ticket. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 11,2024

vietnamfraud.jpg

Real estate tycoon Truong My Lan was sentenced Thursday to death by a court in Ho Chi Minh city in southern Vietnam in the country's largest financial fraud case ever, state media Thanh Nien said.

It's a rare verdict - she is one of very few women in Vietnam to be sentenced to death for a white collar crime, i.e. looting one of the country's largest banks over a period of 11 years.

The decision is a reflection of the dizzying scale of the fraud. Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank. The verdict requires her to return $27bn, a sum prosecutors said may never be recovered. Some believe the death penalty is the court's way of trying to encourage her to return some of the missing billions.

The habitually secretive communist authorities were uncharacteristically forthright about this case, going into minute detail for the media. They said 2,700 people were summoned to testify, while 10 state prosecutors and around 200 lawyers were involved.

The evidence was in 104 boxes weighing a total of six tonnes. Eighty-five defendants were tried with Truong My Lan, who denied the charges.

"There has never been a show trial like this, I think, in the communist era," says David Brown, a retired US state department official with long experience in Vietnam. "There has certainly been nothing on this scale."

The trial was the most dramatic chapter so far in the "Blazing Furnaces" anti-corruption campaign led by the Communist Party Secretary-General, Nguyen Phu Trong.

A conservative ideologue steeped in Marxist theory, Nguyen Phu Trong believes that popular anger over untamed corruption poses an existential threat to the Communist Party's monopoly on power. He began the campaign in earnest in 2016 after out-manoeuvring the then pro-business prime minister to retain the top job in the party.

 The campaign has seen two presidents and two deputy prime ministers forced to resign, and hundreds of officials disciplined or jailed. Now one of the country's richest women has joined their ranks.

Truong My Lan comes from a Sino-Vietnamese family in Ho Chi Minh City, formerly Saigon. It has long been the commercial engine of the Vietnamese economy, dating well back to its days as the anti-communist capital of South Vietnam, with a large, ethnic Chinese community.

She started as a market stall vendor, selling cosmetics with her mother, but began buying land and property after the Communist Party ushered in a period of economic reform, known as Doi Moi, in 1986. By the 1990s, she owned a large portfolio of hotels and restaurants.

Although Vietnam is best known outside the country for its fast-growing manufacturing sector, as an alternative supply chain to China, most wealthy Vietnamese made their money developing and speculating in property.

All land is officially state-owned. Getting access to it often relies on personal relationships with state officials. Corruption escalated as the economy grew, and became endemic.

By 2011, Truong My Lan was a well-known business figure in Ho Chi Minh City, and she was allowed to arrange the merger of three smaller, cash-strapped banks into a larger entity: Saigon Commercial Bank.

Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.

They accused her of using that power to appoint her own people as managers, and then ordering them to approve hundreds of loans to the network of shell companies she controlled.

The amounts taken out are staggering. Her loans made up 93% of all the bank's lending.

According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement.

That much cash, even if all of it was in Vietnam's largest denomination banknotes, would weigh two tonnes.

She was also accused of bribing generously to ensure her loans were never scrutinised. One of those who was tried used to be a chief inspector at the central bank, who was accused of accepting a $5m bribe.

The mass of officially sanctioned publicity about the case channelled public anger over corruption against Truong My Lan, whose fatigued, unmade-up appearance in court was in stark contrast to the glamorous publicity photos people had seen of her in the past.

But questions are also being asked about why she was able to keep on with the alleged fraud for so long.

"I am puzzled," says Le Hong Hiep who runs the Vietnam Studies Programme at the ISEAS - Yusof Ishak Institute in Singapore.

"Because it wasn't a secret. It was well known in the market that Truong My Lan and her Van Thinh Phat group were using SCB as their own piggy bank to fund the mass acquisition of real estate in the most prime locations.

"It was obvious that she had to get the money from somewhere. But then it is such a common practice. SCB is not the only bank that is used like this. So perhaps the government lost sight because there are so many similar cases in the market."

David Brown believes she was protected by powerful figures who have dominated business and politics in Ho Chi Minh City for decades. And he sees a bigger factor in play in the way this trial is being run: a bid to reassert the authority of the Communist Party over the free-wheeling business culture of the south.

"What Nguyen Phu Trong and his allies in the party are trying to do is to regain control of Saigon, or at least stop it from slipping away.

"Up until 2016 the party in Hanoi pretty much let this Sino-Vietnamese mafia run the place. They would make all the right noises that local communist leaders are supposed to make, but at the same time they were milking the city for a substantial cut of the money that was being made down there."

At 79 years old, party chief Nguyen Phu Trong is in shaky health, and will almost certainly have to retire at the next Communist Party Congress in 2026, when new leaders will be chosen.

He has been one of the longest-serving and most consequential secretary-generals, restoring the authority of the party's conservative wing to a level not seen since the reforms of the 1980s. He clearly does not want to risk permitting enough openness to undermine the party's hold on political power.

But he is trapped in a contradiction. Under his leadership the party has set an ambitious goal of reaching rich country status by 2045, with a technology and knowledge-based economy. This is what is driving the ever-closer partnership with the United States.

Yet faster growth in Vietnam almost inevitably means more corruption. Fight corruption too much, and you risk extinguishing a lot of economic activity. Already there are complaints that bureaucracy has slowed down, as officials shy away from decisions which might implicate them in a corruption case.

"That's the paradox," says Le Hong Hiep. "Their growth model has been reliant on corrupt practices for so long. Corruption has been the grease that that kept the machinery working. If they stop the grease, things may not work any more."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 7,2024

mamata.jpg

Purulia: West Bengal Chief Minister Mamata Banerjee on Sunday alleged the central investigating agencies were asking TMC leaders to either join the BJP or face action.

Addressing an election rally in Purulia district, she alleged agencies such as the ED, CBI, NIA and the I-T Department were working as 'arms' of the BJP.

"Agencies such as the NIA, ED and CBI are being used to harass TMC leaders. They are carrying out raids without prior information, and barging into houses. What the women would do if someone entered their house when everyone was asleep in the dead of night?" she asked.

Banerjee was referring to Saturday's incident in Bhupatinagar where a team of the NIA was attacked by a mob when it went to arrest two accused in a blast case.

"The agencies are asking our leaders and activists to either join the BJP or face action," she alleged.

Asking people not to fall for any provocation, Banerjee alleged the BJP was fanning communal passions during Ram Navami.

The chief minister also accused the BJP-led government at the Centre of depriving West Bengal of funds for MGNREGA and PM-Awas schemes.

She said the state government will provide Rs 1.2 lakh for building houses for the poor.

"The EC will not give permission to us to give the money now. After the elections, we will construct the houses of the poor," she said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.