HC prepones hearing on pleas to declare PM CARES Fund a State', public authority under RTI Act
New Delhi(PTI): The Delhi High Court Friday preponed the hearing on pleas to declare the PM CARES Fund a 'State' under the Constitution and a 'public authority' under the RTI Act to ensure transparency in its functioning.
A bench of Chief Justice D N Patel and Justice Jyoti Singh allowed the plea of the petitioner to prepone the date of hearing in the matter and changed the date from November 30 to November 18.
Looking into the facts of the case, the writ petition was adjourned on November 30. The same is preponed now and the registry is now directed to list the matter on November 18, it said.
The court said it was slightly preponing the date on the insistence of senior advocate Shyam Divan, representing petitioner Samyak Gangwal.
The petitioner has filed two petitioners seeking a direction to declare the PM CARES Fund a 'State' under the Constitution to ensure transparency in its functioning and also to declare it a 'public authority' under the RTI Act. The pleas are being heard together.
The petitioner 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', the Prime Minister's photograph, state emblem etc has to be stopped.
However, 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, had said the PM CARES Fund is not a government fund as donations to it do not go to the Consolidated Fund of India and no third party information can be parted with irrespective of its status under the Constitution and the RTI Act.
It had 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.
It had vehemently contended that irrespective of the status of Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) under the Constitution and the RTI Act, it is not permissible to disclose third party information.
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 RTI Act, it is not permissible to disclose third party information , it had added.
It had 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 the trust fund displayed on the website.
The officer, who filed the affidavit, had said he was discharging his functions in the PM CARES Trust on an honorary basis which was a charitable trust not created by or under the Constitution or by any law made by the Parliament or by any State legislature.
Opposing the stand that the PM CARES Fund was not a government fund, the petitioner's lawyer had said there was no factor to show that the fund was private in nature.
He had said the Constitution does not permit a government functionary to establish a structure out of its reach.
The petition said 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 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 he would file a response explaining why it should not be entertained.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
