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. 

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News Network
April 30,2024

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Itamar Ben Gvir, a notorious far-right Israeli minister, has suggested that some Palestinians could be “killed” instead of being kidnapped during the savage war in Gaza.
 
The minister made remarks during an Israeli war cabinet meeting where he questioned the necessity of the detention of a large number of Palestinians.

“Why are there so many arrests? “Can’t you kill some? Do you want to tell me they all surrender? What are we to do with so many arrested? It’s dangerous for the soldiers.” Ben-Gvir was quoted as asking the Israeli military's chief of staff Herzi Halevi.

The minister also reportedly demanded that the army shoot Palestinian women and children in the besieged Palestinian territory to “protect” the Israeli forces.

Halevi briefed ministers who attended the cabinet meeting on the military campaign in Gaza and highlighted that hundreds of Palestinians had surrendered to the occupying forces.

Ben Gvir recently also called for the execution of Palestinian prisoners to ease overcrowding in the jails. The minister said that applying the death penalty to Palestinian detainees was the “right” solution to tackle the problem of prison overcrowding.

Israel soldiers have abducted more than 5,000 of Palestinians during their ongoing military campaign in Gaza.

The Gaza media office has said that Palestinian prisoners were undergoing "the worst kinds of torture" in Israeli jails.

Palestinian rights group Addameer earlier this month said Israel was holding 9,500 Palestinian political prisoners, not including those taken from the Gaza Strip.

Israel has arrested thousands of Palestinians since 7 October. Those detained, often without charge, describe regular beatings and a solitary daily meal designed simply to keep them alive.

Palestinians taken prisoner or hostage from both the West Bank and Gaza have given testimonies detailing horrific and sadistic abuse and torture by their Israeli jailers including beatings, verbal abuse, sexual abuse and rape, breaking of limbs, burns, being stripped naked, and forced drug taking.

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News Network
April 28,2024

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Students in Paris blocked access to a campus building at a French university on Friday, as pro-Palestine demonstrations reach Europe.

The students occupied the central campus building of the Paris Institute of Political Studies, known as Sciences Po, and dozens of others blocked its entrance, echoing protest action at American universities.

Students inspired by Gaza solidarity encampments at campuses in the United States blocked access to a campus building at the prestigious French university on Friday.

They blocked the entrance with trash cans, wooden platforms and other items.

The occupation of the Paris university campus came after police broke up a separate protest at the university’s amphitheater outside one of its Paris campuses.

Scores of student protesters gathered at the building’s windows, chanting slogans and holding placards reading “We are all Palestinians,” in defiance of administrators who students say called the police on their peers two days earlier.

Pro-Palestinian student protesters had occupied the amphitheater outside one of the university’s Paris campuses on Wednesday evening.

The US-style student protests, which began over the months-long Israeli regime’s genocidal war against Palestinians in the besieged Gaza Strip, kicked off in the United States and have now spread to European capitals as well as Australia.

In the German capital Berlin, several people were arrested as police violently cleared a camp of Gaza war protesters at the German parliament.

Pro-Palestinian activists are demanding a permanent ceasefire, an end to the Israeli atrocities, and an arms embargo of the Tel Aviv regime.

The Israeli regime launched the war on Gaza on October 7 last year. The genocidal war has killed more than 34,356 Palestinians, most of them women and children.

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News Network
April 30,2024

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Gaza civil defense agency has warned of a looming health disaster in the besieged Strip as the decomposition of dead bodies under the rubble of buildings destroyed by the relentless Israeli bombings accelerates.

The agency pointed on Tuesday to the risk of diseases and epidemics associated with the public decomposition of thousands of bodies due to rising temperature.

“The continued accumulation of thousands of bodies under the rubble has begun to cause the spread of disease and epidemics, especially with the onset of summer and the rise in temperatures, which accelerates the process of decomposition,” it said in a statement.

Seven months into the war, the Geneva-based Euro-Mediterranean Human Rights Monitor warned earlier that the decomposition of dead bodies for long periods leads to the transmission of serious diseases, including blood-borne viruses and tuberculosis.

"Gastrointestinal infections like cholera can also be easily spread through direct contact with dead bodies leaking excrement, soiled clothing, or contaminated tools or vehicles," it added.

In another report last week, Euro-Med Monitor also warned that thousands of corpses left in the streets or beneath house debris are rotting and being consumed by cats and dogs, which is an additional factor contributing to the spread of infectious diseases.

"The spread threatens the environment and public health in the Strip, and health authorities in the Strip have detected about one million cases of infectious diseases," the report added.

The Global Nutrition Group also estimates that at least 90 percent of the Gaza Strip’s children under the age of five are affected by one or more infectious diseases and that 70 percent have had diarrhea in the past two weeks—a 23-fold increase compared with the 2022 baseline.

Unexpected blistering temperatures across Gaza have also added to the daily misery faced by the enclave’s people and sparked new fears of disease outbreaks amid a lack of sufficient clean water and waste disposal, the UN Relief and Works Agency for Palestine Refugees in the Near East, also known as UNRWA said on Thursday.

This comes as the death toll from Israel's genocidal campaign against Gaza rose to 34,535. Among the dead are more than 14,500 children and 9,500 women.

Since the war began on October 7, nearly 85 percent of Gaza's 2.3 million people have been displaced.

Vast swathes of the besieged territory are in ruins as Israel continues its onslaught, dropping at least 75,000 tons of explosives on Gaza, according to the Gaza Media Office.

Earlier this month, UNRWA, said 62 percent of all houses in the besieged territory have been damaged or destroyed.

Gaza Media Office recently reported that nearly 90,000 housing units have been destroyed while nearly 300,000 units have been damaged by the Israeli air and ground offensive.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported on Monday that nearly 37.5 million tons of conflict-generated debris are estimated to be present throughout Gaza, based on assessments by UN bodies.

The world’s hunger watchdog, known as the Integrated Food-Security Phase Classification (IPC), said in a report published on March 18 that about 1.1 million Palestinians in Gaza are living through catastrophic food insecurity, warning that famine is likely to strike by May in northern Gaza and can spread across the territory by July.

Francesca Albanese, the UN special rapporteur on the occupied Palestinian territory, said in a report published in late March that there were clear indications that Israel has violated three of the five acts listed under the UN Genocide Convention.

These acts Albanese said were “killing members of the group; causing serious bodily or mental harm to the group’s members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”

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