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EXCLUSIVE A letter written by PM's Advisor Bhaskar Khulbe about CSR Funds undermines PMO's claim that #PMCaresFund isn't a public authority under RTI Act––a reason it often cites to deny info about the fund to RTI applicants.
How?
Let me explain. https://bit.ly/2EThqwc
On May 12, Khulbe wrote to the Corporate Affairs ministry, prompting the latter to amend the Companies Act in order to bring the #PMCaresFund at par with other, more transparent Central govt funds & enable it to receive CSR money from big businesses. https://bit.ly/2EThqwc
Section 2(h) of the RTI Act defines what a public authority is. This definition includes charitable trusts like the #PMCaresFund which are controlled by the central govt. In fact, a petition under consideration before the Delhi HC makes this argument. https://bit.ly/2EThqwc
Why is defining an institution as public authority under the RTI Act important? Because that puts a legal obligation on it to provide info to RTI applicants. But PM Narendra Modi's office asserts that #PMCaresFund isn't a public authority to deny info. https://bit.ly/2EThqwc
What the letter by Khulbe to Corporate Affairs ministry about #PMCaresFund reveals is an instance of how PMO controls & promotes the fund. Control by govt is 1 attribute of public authority as defined in RTI Act, yet PMO wants to shield PM Cares from RTIs. https://bit.ly/2EThqwc
Legal experts, including widely respected Senior Advocate Sanjay Hegde ( @YayathiPuru) told me, it is only logical that the #PMCaresFund should be covered under the RTI as it is very much a central govt fund, official denials notwithstanding. https://bit.ly/2EThqwc
"The Prime Minister should set an example by declaring PM CARES as part of NDRF subject to RTI and CAG without any further delay, whether the Supreme Court has justified it or not, I think the PM must do it," said Senior Adv Dushyant Dave. https://bit.ly/2EThqwc #PMCaresFund
RTI Expert Venkatesh Nayak of @CHRI_INT said, the govt’s clear involvement in first setting up the fund, and then tweaking the companies act at the request of the PMO, makes it clear that #PMCaresFund is a govt fund so it needs to be covered by the RTI. https://bit.ly/2EThqwc
