Delhi HC asks Centre to file 'exhaustive' reply on plea to declare PM CARES Fund a 'State'

Centre pulled up for filing one-page reply

The Delhi High Court on Tuesday took exception to the Centre filing a one-page reply on "such an important issue" of PM CARES Fund on which a petition has been filed to declare it as a 'State' under the Constitution to ensure transparency in its functioning.

Observing that the issue concerning the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) is "not so simple" the high court asked the Centre to file a “detailed and exhaustive” response in the matter.

"You have filed a reply. One page reply to such an important issue? Nothing beyond that? Such an important issue and one-page reply. There is not even a whisper of what the senior advocate (of petitioner) is arguing. You file a reply. The issue is not so simple. We want an extensive reply,” said a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

 The high court was informed by the counsel for the Centre that a detailed reply was already filed in a similar petition by the same petitioner. Solicitor General (SG) Tushar Mehta, representing the Centre, said all these arguments raised by the petitioner are relevant to be decided.

The chief justice responded, “learned SG let a proper exhaustive reply be filed because this matter will certainly travel to the apex court and we have to decide and give judgement and deal with all the issues raised”. The bench said, “Let a detailed and exhaustive reply be filed in four weeks. Rejoinder, if any, be filed in two weeks thereafter. List on September 16.”

Petitioner Samyak Gangwal, represented through senior advocate Shyam Divan, in the petition filed in 2021 has sought to declare PM CARES Fund a 'State' under Article 12 of the Constitution and to direct the fund to disclose its audit reports on the PM CARES website periodically.

The high court had earlier issued notice to the Centre on the petition.