"I have argued PM Cares Fund case before 4 benches:" Shyam Divan flags protracted hearing due to roster changes in Delhi High Court

Senior Advocate Shyam Divan told the Delhi High Court on Thursday that he has argued the petitions seeking declaration of the PM CARES Fund as a 'State' before four different benches, but the matter has still not concluded..Divan flagged the protracted hearing in the matter after the case was adjourned to September 15, when it will be heard by a Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. "I have argued it [PM Cares fund case] before four benches and it never finishes," he said during the hearing.On January 31, 2023, Divan had concluded his arguments before the Bench of Chief Justice Sharma and Justice Prasad. However, the High Court roster changed after the summer vacation and the Chief Justice is now sitting with Justice Sanjeev Narula. As the matter was taken up today, it was pointed out that the case is part-heard before the previous Bench. The Court, therefore, adjourned the matter to September 15. .The High Court is seized of two cases filed by Samyak Gangwal in the year 2020 and 2021. While one of them is to declare the PM Cares Fund a 'State' under Article 12 of the Constitution of India, the other seeks a declaration that the Fund is a 'public authority' under the Right to Information (RTI) Act..Divan had initially argued the case regarding applicability of RTI Act to the PM Cares Fund before Justice Prathiba M Singh. However, after the second petition came to be filed, a Bench headed by then Chief Justice DN Patel tagged the two matters. The case was then argued before Chief Justice Patel and Justice Jyoti Singh in some detail. Chief Justice Patel retired on March 12, 2022, after which the matter was further argued afresh before a Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla. Justice Sanghi was elevated as Chief Justice of Uttarakhand High Court in June 2022 and the case finally came up before Chief Justice Sharma and Justice Prasad. This Bench then heard the matter before the roster change..It is the petitioner's case that high functionaries of the government like the Vice-President had requested Rajya Sabha members to make donations to the Fund, which has been projected as a government fund.The petitioners have contended that the Trustees of the PM CARES Fund are the Prime Minister, Defence Minister, Home Minister and the Finance Minister of India and immediately after its formation, it was projected as having been set up and operated by the Government of India. "The representations included Letters written by High Government Functionaries, Notifications/Office Memorandums issued by several ministries/departments, wherein it was clearly stated that the PM CARES Fund has been set up by the Government of India," the plea states. .However, in a written reply, the Central government said that the Fund is not created under the Constitution or parliamentary law, but has been established as an independent public charitable trust. It also stated that the Central and the state governments have no direct or indirect control over the functioning of the Fund. The government further said that presence of public office holders on the Board of Trustees is for administrative purposes only and does not indicate government control or influence."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," it was submitted..PM CARES Fund a charitable trust, not controlled by Central or State governments: Central Government to Delhi High Court