Delhi High Court expresses displeasure at 'one-page response' filed by PM Cares Fund in plea to declare it as 'State'

The Delhi High Court on Tuesday made clear its displeasure at the PM Cares Fund for filing a one-page affidavit in response to a petition seeking a declaration that the Fund is 'State' under Article 12 of the Constitution..A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the Central government to file a 'detailed and exhaustive' reply to the public interest litigation (PIL) petition.The bench noted that even though the PIL petition had been filed last year and the final arguments have begun, only a one-page reply has been filed in response to the plea, that too, by the PM Cares Fund. The Court said that there was not a whisper in the affidavit about the arguments raised by Senior Advocate Shyam Divan and issue is not simple. “Only one page reply to such an important issue? There is just one page reply of one Mr Pradeep Kumar, nothing beyond that? Such an important issue and only one page reply is there. There is not a whisper about what the learned senior counsel on the other side is arguing. The issue is not that simple. We need a proper reply," Chief Justice Sharma remarked..The Chief Justice further said that a proper reply is also needed in the matter because the Court has to pass an order on each and every issue raised by Divan and no matter what its decision, the issue will go to Supreme Court..Divan told the Court that opportunities have been given to the Centre to file its response but the Union has chose to remain silent and tried to drag the matter. However, Solicitor General Tushar Mehta said that there has been no dragging and that the Centre will come up with a detailed response within four weeks. "Let a detailed and exhaustive reply be filed. List after four weeks. Rejoinder, if any, within two weeks thereafter," the court then noted in its order. The case will now be considered on September 16. .The Delhi High Court is seized of two PILs by advocate Samyak Gangwal on the issue of PM Cares Fund. While the first seeks to declare it a "State" under Article 12 of the Constitution, the other petition seeks a declaration that the fund is a "public authority" under the Right to Information (RTI) Act..Last week, a single-judge bench of the Delhi High Court had stayed an order of the Central Information Commission (CIC) directing the Income Tax department to provide information and copies of documents submitted by the PM Cares Fund while applying for exemption under the Income Tax Act.Justice Yashwant Varma had then noted that the issue is coming up before the Division Bench and, therefore, the order should be stayed.

Delhi High Court expresses displeasure at 'one-page response' filed by PM Cares Fund in plea to declare it as 'State'

Prashant Jha

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