The Evening Wrap: Shiv Sena to back NDA’s Droupadi Murmu for President, says Uddhav Thackeray

Shiv Sena will support NDA’s presidential candidate Droupadi Murmu, party president Uddhav Thackeray said on July 12. Thackeray said Sena is announcing support to Murmu without any pressure. “Nobody pressured me in the meeting of Sena MPs,” he added. “Tribal leaders of my party told me that this was the first time that a tribal woman is getting the chance to become the President,” he said. “Actually, going by the present political atmosphere, I should not have backed her. But we are not narrow minded,” he said. Sena MP Sanjay Raut said Shiv Sena had earlier backed UPA presidential nominees like Pratibha Patil and Pranab Mukherjee. “The Sena has the tradition of going beyond politics. We believe in backing people in the national interest,” he said. After getting the support of some regional parties like BJD, YSR-CP, BSP, AIADMK, TDP, JDS, Shiromani Akali Dal and now Shiv Sena, the vote share of NDA nominee Droupadi Murmu has already crossed 60%. It was around 50% at the time of her nomination. U.S. ‘rejects’ Gotabaya Rajapaksa’s visa request The United States rejected Sri Lankan President Gotabaya Rajapaksa’s recent request for a visa, The Hindu learned from a top official, amid growing speculation over the besieged leader’s “attempts to flee” the country after promising to quit office. Gotabaya, formerly a dual citizen of Sri Lanka and the U.S., gave up his American citizenship ahead of the 2019 elections because of a law that barred foreign nationals from running for the presidency. He won the election with a thumping majority but became, arguably, the country’s most unpopular leader mid-term, amid a severe economic meltdown that is stifling citizens. “He sought a safe passage to the U.S. after the recent events, but it was denied,” the Colombo-based official said on Tuesday. Gotabaya’s reported attempt to leave the island follows his decision to resign, prompted by a sensational citizens’ protest on Saturday. Resisting his failed response to the unprecedented economic crisis gripping the island, a wave of protesters stormed the Presidential Secretariat and residence in Colombo in a dramatic escalation of months-long protests demanding that Gotabaya “go home”. He was evacuated from his official residence hours before the incident, officials said. However, his whereabouts remain unknown since. When The Hindu sought a comment from the American Embassy in Colombo, a spokesperson said: “Visa records are confidential under U.S. law; therefore, we cannot discuss the details of individual visa cases.” In a statement on Sunday, U.S. Ambassador to Sri Lanka Julie Chung called upon all parties “to cooperate to achieve a peaceful, democratic transition of power”. It signalled a clear shift from the U.S.’s position just a month ago, when President Gotabaya appointed PM Ranil Wickremesinghe as Premier, disregarding widespread citizens’ agitations, to prolong the life of his government that a majority of Sri Lankans had deemed untenable. “Look forward to working w/ @RW_UNP. His appointment as PM, and the quick formation of an inclusive government, are first steps to addressing the crisis & promoting stability. We encourage meaningful progress at the IMF & long-term solutions that meet the needs of all Sri Lankans,” the Ambassador said in a tweet on May 12. Meanwhile, Gotabaya, expected to resign officially on July 13, is said to be exploring other options, according to sources in Colombo. It was widely rumoured that Gotabaya was headed to a West Asian country on Monday for immediate safety, fearing further reprisals in Sri Lanka. AFP on Tuesday reported that he was “stuck” in Colombo on Tuesday, his last day in the country’s top office with presidential immunity. Gotabaya was unable to depart, following a standoff with immigration staff at the airport, who resisted his attempt to leave for a safe location abroad, reportedly a Gulf capital. Immigration officials suspended their services in the VIP suite. “The President and his wife spent the night at a military base next to the main international airport after missing four flights that could have taken them to the United Arab Emirates,” AFP said in its report. When contacted, an official attached to the Presidential Media Division declined comment on the President’s current location. Parliamentary Speaker Mahinda Yapa Abeywardena earlier told the BBC that the President was in a “nearby country”, but swiftly withdrew the comment calling it “a mistake”. Gotabaya’s youngest brother and ex-Finance Minister Basil Rajapaksa was also prevented from leaving the capital after immigration staff refused to stamp his papers. Basil is a dual citizen of Sri Lanka and the U.S. The option of fleeing appears to have got harder for Basil and his older brother Mahinda Rajapaksa, two-time President and former Prime Minister, following a motion filed in Sri Lanka’s Supreme Court on Tuesday. Petitioners have sought a travel ban on them, along with others, “responsible” for the economic crisis in Sri Lanka. Opposition, activists object to muscular, aggressive lions in national emblem Opposition members and activists among others on July 12 accused the government of distorting the national emblem by replacing the “graceful and regally confident” Ashokan lions with those having menacing and aggressive posture and sought immediate change. “Narendra Modi Ji, please observe the face of the Lion, whether it is representing the statue of Great Sarnath or a distorted version of GIR lion. Please check it and if it needs, mend the same,” Adhir Ranjan Chowdhury, Leader of the Congress in the Lok Sabha, said on Twitter. Prime Minister Narendra Modi had on July 11 unveiled the cast of the national emblem atop the new Parliament building in the presence of Lok Sabha Speaker Om Birla and Rajya Sabha Deputy Chairman Harivansh. The Opposition had hit out at Modi for flouting constitutional norms and not inviting Opposition leaders for the event. “Insult to our national symbol, the majestic Ashokan Lions. Original is on the left, graceful, regally confident. The one on the right is Modi’s version, put above the new Parliament building — snarling, unnecessarily aggressive and disproportionate. Shame! Change it immediately,” Trinamool Congress Rajya Sabha member Jawahar Sircar said on Twitter sharing two different images of the national emblem. Historian S. Irfan Habib also objected to the national emblem unveiled atop the new Parliament building. “Meddling with our national emblem was totally unnecessary and avoidable. Why should our lions look ferocious and full of angst? These are Ashoka’s lions adapted by independent India in 1950,” Habib said. “From Gandhi to Godse; From our national emblem with lions sitting majestically & peacefully; to the new national emblem unveiled for the top of the new Parliament building under construction at Central Vista; Angry lions with bared fangs. This is Modi’s new India,” senior lawyer and activist Prashant Bhushan said. The BJP asserted that the national emblem was an exact replica of the one in Sarnath and accused the Opposition of deliberately trying to create one controversy after another for political reasons. BJP chief spokesperson and Rajya Sabha member Anil Baluni said the real reason behind the Opposition’s allegation is its frustration over India creating its own Parliament building under Prime Minister Narendra Modi-led government, replacing the one created by the British over 150 years back. “The opposition is totally due to political reasons. Opposition parties want to target Modi for one reason or another. It is just a conspiracy to vitiate the atmosphere by misleading people,” he said. Critics are comparing the national emblem inaugurated on Monday with the one in Sarnath, considered the inspiration behind the national insignia, by producing pictures taken from different angles, Baluni said. This also must be noted that the emblem over the Parliament building is 6.5 metre high, almost three times the one in Sarnath, he said. The state emblem of India is an adaptation from the Sarnath Lion Capital of Emperor Ashoka which is preserved in the Sarnath Museum. The Lion Capital has four lions mounted back to back on a circular abacus. DGCA’s denial of pilot licence to transgender discriminatory: Ministry The Directorate General of Civil Aviation’s (DGCA’s) denial of commercial pilot licence to a transgender candidate is “discriminatory” and “violates” the law on the rights of transgenders, the Ministry of Social Justice and Empowerment has written to the aviation regulator and demanded that it provide guidelines for licensing and separate medical standards to enable them to join the profession. The letter follows an article in The Hindu on July 3 about 23-year-old Adam Harry, a trans-male, who was granted a commercial pilot licence on the condition that he stop his hormone therapy to transition into a male. But the treatment for Harry is a life-long one, and he says he can’t sacrifice his identity for his profession by discontinuing his transition. “I want to fly as who I am,” he told The Hindu. The Ministry of Social Justice, the nodal Ministry for implementation of policies on transgenders, has also suggested that a training be conducted to “sensitise” DGCA officials on the rights of transgenders and sought a report from the regulator on Harry’s case along with the steps undertaken by it to prevent a repeat of such incidents. Secretary, Ministry of Social Justice and Empowerment, R. Subrahmanyam, said there was “no time frame” given to the DGCA to respond to its letter. A senior official of the DGCA said, “we are looking into the matter. We will respond to the letter.” “The Ministry of Social Justice and Empowerment would like to bring to your notice that the actions of the DGCA are in conflict with the judgment of the Supreme Court in the National Legal Services Authority case and violates the provisions stated under The Transgender Persons (Protection of Rights) Act of 2019, as it ends up being discriminatory by denying/ terminating employment or occupation on the basis of gender of the person,” according to the letter addressed to the Director General, DGCA, Arun Kumar, on July 11. The Ministry of Social Justice has also detailed the steps the DGCA should undertake to “create special provisions” for transgenders. These include providing the option for “male, female and transgender person” to apply for all jobs regulated by the DGCA and “guidelines for licensing” for transgender persons who apply for pilot licences of different kinds. The committee that drafts the guidelines should have representatives from the transgender community and medical experts who have worked with transgender persons. The Ministry has also asked the aviation safety regulator to develop medical standards, especially in cases where they are undergoing gender affirming medical intervention, as well as review drugs used in hormone therapy that may be allowed for consumption by pilots in a monitored manner. “The DGCA may increase and specify the mechanism of medical check-up to monitor and keep in check the health of the pilots undergoing hormone therapy. This may include strict prohibition on intake of recreational drugs, regular check-up by cardiologists,” says the Ministry in order to curb possible side effects of a hormone treatment. The Ministry has also asked for a sensitisation training for DGCA officials, and said a complaint officer under the Transgender Persons (Protection of Rights) Act, 2019 should be appointed to ensure effectiveness of such a training. Delhi HC asks Centre to file ‘exhaustive’ reply on plea to declare PM CARES Fund a ‘State’ 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. Another petition filed by the same petitioner in 2020 seeking to declare PM CARES a ‘public authority’ under the Right to Information (RTI) Act is also pending in the court which had earlier sought the Centre’s reply on it. In the 2021 petition, he has also sought direction to disclose funds deposited every quarter, on the PM CARES website, and the details of the donations received by it which shall include each donor’s name. 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 an honorary basis in response to the 2021 petition, has 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 contended that irrespective of the status of the PM CARES Fund under the Constitution and the RTI Act, it is not permissible to disclose third-party information. In support of his contention that the PM CARES Fund is a ‘State’, the petitioner said it was formed by the Prime Minister on March 27, 2020, for a noble purpose, that is, to extend assistance to the citizens of India in the wake of the public health emergency -- the ongoing COVID-19 Pandemic. 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. “The Representations also included the use of government resources such as use of ‘.HYPERLINK “”ngov.in’ domain name, State Emblem of India and the name ‘Prime Minister’ and its abbreviation on the PM Cares Fund website and in other official and unofficial communications. “Further, the official address of the PM CARES Fund was stated to be the Prime Minister’s Office South Block, New Delhi,” it said. Based on representations, huge donations were received by the PM CARES Fund and as per the information provided on its website during the financial year 2019-20, an amount of ₹3076.62 crore was collected merely within four days, it said. “The petitioner is not attributing or even alleging any wrongdoing whatsoever on the part of the present Ex-Officio Trustees of the PM CARES Fund. However, since the PM CARES Fund’s Trustees are high government functionaries, it is essential that checks and balances envisioned in Part III of the Constitution are put in the place on the functioning of the fund to extinguish any chance of an allegation of ‘quid pro quo’,” it said. In his alternative 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 Ministe’, including its abbreviations its name, on its website, Trust Deed and other official or unofficial communications and advertisements. The Centre has said 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 had filed the affidavit, has also 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 Parliament or by any State legislature. In Brief Tamil Nadu Chief Minister M.K. Stalin tested positive for COVID-19 on Tuesday and has isolated himself. In a social media post, Stalin said he felt tired on Tuesday and hence tested himself. He tested positive for COVID-19. Stalin reiterated his request calling upon people to use face masks in public places and to take COVID-19 vaccination. Evening Wrap will return tomorrow [logo] The Evening Wrap 12 JULY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Shiv Sena to back NDA’s Droupadi Murmu for President, says Uddhav Thackeray [Shiv Sena will support NDA’s presidential candidate Droupadi Murmu]( party president Uddhav Thackeray said on July 12. Thackeray said Sena is announcing support to Murmu without any pressure. “Nobody pressured me in the meeting of Sena MPs,” he added. “Tribal leaders of my party told me that this was the first time that a tribal woman is getting the chance to become the President,” he said. “Actually, going by the present political atmosphere, I should not have backed her. But we are not narrow minded,” he said. Sena MP Sanjay Raut said Shiv Sena had earlier backed UPA presidential nominees like Pratibha Patil and Pranab Mukherjee. “The Sena has the tradition of going beyond politics. We believe in backing people in the national interest,” he said. After getting the support of some regional parties like BJD, YSR-CP, BSP, AIADMK, TDP, JDS, Shiromani Akali Dal and now Shiv Sena, the vote share of NDA nominee Droupadi Murmu has already crossed 60%. It was around 50% at the time of her nomination. U.S. ‘rejects’ Gotabaya Rajapaksa’s visa request The [United States rejected Sri Lankan President Gotabaya Rajapaksa’s recent request for a visa]( The Hindu learned from a top official, amid growing speculation over the besieged leader’s “attempts to flee” the country after promising to quit office. Gotabaya, formerly a dual citizen of Sri Lanka and the U.S., gave up his American citizenship ahead of the 2019 elections because of a law that barred foreign nationals from running for the presidency. He won the election with a thumping majority but became, arguably, the country’s most unpopular leader mid-term, amid a severe economic meltdown that is stifling citizens. [People walk past a poster showing defaced portraits of President Gotabaya Rajapaksa and his brother Basil at the ongoing protest site outside the President’s office three days after it was stormed in Colombo on July 12, 2022. ] “He sought a safe passage to the U.S. after the recent events, but it was denied,” the Colombo-based official said on Tuesday. Gotabaya’s reported attempt to leave the island follows his decision to resign, prompted by a sensational citizens’ protest on Saturday. Resisting his failed response to the unprecedented economic crisis gripping the island, a wave of protesters stormed the Presidential Secretariat and residence in Colombo in a dramatic escalation of months-long protests demanding that Gotabaya “go home”.  He was evacuated from his official residence hours before the incident, officials said. However, his whereabouts remain unknown since. When The Hindu sought a comment from the American Embassy in Colombo, a spokesperson said: “Visa records are confidential under U.S. law; therefore, we cannot discuss the details of individual visa cases.” In a statement on Sunday, U.S. Ambassador to Sri Lanka Julie Chung called upon all parties “to cooperate to achieve a peaceful, democratic transition of power”. It signalled a clear shift from the U.S.’s position just a month ago, when President Gotabaya appointed PM Ranil Wickremesinghe as Premier, disregarding widespread citizens’ agitations, to prolong the life of his government that a majority of Sri Lankans had deemed untenable. “Look forward to working w/ @RW_UNP. His appointment as PM, and the quick formation of an inclusive government, are first steps to addressing the crisis & promoting stability. We encourage meaningful progress at the IMF & long-term solutions that meet the needs of all Sri Lankans,” the Ambassador said in a tweet on May 12. Meanwhile, Gotabaya, expected to resign officially on July 13, is said to be exploring other options, according to sources in Colombo. It was widely rumoured that Gotabaya was headed to a West Asian country on Monday for immediate safety, fearing further reprisals in Sri Lanka. AFP on Tuesday reported that he was “stuck” in Colombo on Tuesday, his last day in the country’s top office with presidential immunity. Gotabaya was unable to depart, following a standoff with immigration staff at the airport, who resisted his attempt to leave for a safe location abroad, reportedly a Gulf capital. Immigration officials suspended their services in the VIP suite.  “The President and his wife spent the night at a military base next to the main international airport after missing four flights that could have taken them to the United Arab Emirates,” AFP said in its report. When contacted, an official attached to the Presidential Media Division declined comment on the President’s current location.   Parliamentary Speaker Mahinda Yapa Abeywardena earlier told the BBC that the President was in a “nearby country”, but swiftly withdrew the comment calling it “a mistake”.  Gotabaya’s youngest brother and ex-Finance Minister [Basil Rajapaksa was also prevented from leaving the capitalÂ]( immigration staff refused to stamp his papers. Basil is a dual citizen of Sri Lanka and the U.S.   The option of fleeing appears to have got harder for Basil and his older brother Mahinda Rajapaksa, two-time President and former Prime Minister, following a motion filed in Sri Lanka’s Supreme Court on Tuesday. Petitioners have sought a travel ban on them, along with others, “responsible” for the economic crisis in Sri Lanka.  Opposition, activists object to muscular, aggressive lions in national emblem  Opposition members and activists among others on July 12 [accused the government of distorting the national emblem]( by replacing the “graceful and regally confident” Ashokan lions with those having menacing and aggressive posture and sought immediate change. “Narendra Modi Ji, please observe the face of the Lion, whether it is representing the statue of Great Sarnath or a distorted version of GIR lion. Please check it and if it needs, mend the same,” Adhir Ranjan Chowdhury, Leader of the Congress in the Lok Sabha, said on Twitter. [The newly unveiled national emblem cast on the roof of the new parliament building on July 12, 2022. ] Prime Minister Narendra Modi had on July 11 unveiled the cast of the national emblem atop the new Parliament building in the presence of Lok Sabha Speaker Om Birla and Rajya Sabha Deputy Chairman Harivansh. The Opposition had hit out at Modi for flouting constitutional norms and not inviting Opposition leaders for the event. “Insult to our national symbol, the majestic Ashokan Lions. Original is on the left, graceful, regally confident. The one on the right is Modi’s version, put above the new Parliament building — snarling, unnecessarily aggressive and disproportionate. Shame! Change it immediately,” Trinamool Congress Rajya Sabha member Jawahar Sircar said on Twitter sharing two different images of the national emblem. Historian S. Irfan Habib also objected to the national emblem unveiled atop the new Parliament building. “Meddling with our national emblem was totally unnecessary and avoidable. Why should our lions look ferocious and full of angst? These are Ashoka’s lions adapted by independent India in 1950,” Habib said. “From Gandhi to Godse; From our national emblem with lions sitting majestically & peacefully; to the new national emblem unveiled for the top of the new Parliament building under construction at Central Vista; Angry lions with bared fangs. This is Modi’s new India,” senior lawyer and activist Prashant Bhushan said. The BJP asserted that the national emblem was an exact replica of the one in Sarnath and accused the Opposition of deliberately trying to create one controversy after another for political reasons. BJP chief spokesperson and Rajya Sabha member Anil Baluni said the real reason behind the Opposition’s allegation is its frustration over India creating its own Parliament building under Prime Minister Narendra Modi-led government, replacing the one created by the British over 150 years back. “The opposition is totally due to political reasons. Opposition parties want to target Modi for one reason or another. It is just a conspiracy to vitiate the atmosphere by misleading people,” he said. Critics are comparing the national emblem inaugurated on Monday with the one in Sarnath, considered the inspiration behind the national insignia, by producing pictures taken from different angles, Baluni said. This also must be noted that the emblem over the Parliament building is 6.5 metre high, almost three times the one in Sarnath, he said. The state emblem of India is an adaptation from the Sarnath Lion Capital of Emperor Ashoka which is preserved in the Sarnath Museum. The Lion Capital has four lions mounted back to back on a circular abacus. DGCA’s denial of pilot licence to transgender discriminatory: Ministry The Directorate General of Civil Aviation’s (DGCA’s) [denial of commercial pilot licence to a transgender candidate is “discriminatory” and “violates” the law on the rights of transgenders]( the Ministry of Social Justice and Empowerment has written to the aviation regulator and demanded that it provide guidelines for licensing and separate medical standards to enable them to join the profession. The letter follows an article in The Hindu on July 3 about 23-year-old Adam Harry, a trans-male, who was granted a commercial pilot licence on the condition that he stop his hormone therapy to transition into a male. But the treatment for Harry is a life-long one, and he says he can’t sacrifice his identity for his profession by discontinuing his transition. “I want to fly as who I am,” he told The Hindu. The Ministry of Social Justice, the nodal Ministry for implementation of policies on transgenders, has also suggested that a training be conducted to “sensitise” DGCA officials on the rights of transgenders and sought a report from the regulator on Harry’s case along with the steps undertaken by it to prevent a repeat of such incidents. Secretary, Ministry of Social Justice and Empowerment, R. Subrahmanyam, said there was “no time frame” given to the DGCA to respond to its letter. A senior official of the DGCA said, “we are looking into the matter. We will respond to the letter.” “The Ministry of Social Justice and Empowerment would like to bring to your notice that the actions of the DGCA are in conflict with the judgment of the Supreme Court in the National Legal Services Authority case and violates the provisions stated under The Transgender Persons (Protection of Rights) Act of 2019, as it ends up being discriminatory by denying/ terminating employment or occupation on the basis of gender of the person,” according to the letter addressed to the Director General, DGCA, Arun Kumar, on July 11. The Ministry of Social Justice has also detailed the steps the DGCA should undertake to “create special provisions” for transgenders. These include providing the option for “male, female and transgender person” to apply for all jobs regulated by the DGCA and “guidelines for licensing” for transgender persons who apply for pilot licences of different kinds. The committee that drafts the guidelines should have representatives from the transgender community and medical experts who have worked with transgender persons. The Ministry has also asked the aviation safety regulator to develop medical standards, especially in cases where they are undergoing gender affirming medical intervention, as well as review drugs used in hormone therapy that may be allowed for consumption by pilots in a monitored manner. “The DGCA may increase and specify the mechanism of medical check-up to monitor and keep in check the health of the pilots undergoing hormone therapy. This may include strict prohibition on intake of recreational drugs, regular check-up by cardiologists,” says the Ministry in order to curb possible side effects of a hormone treatment. The Ministry has also asked for a sensitisation training for DGCA officials, and said a complaint officer under the Transgender Persons (Protection of Rights) Act, 2019 should be appointed to ensure effectiveness of such a training. Delhi HC asks Centre to file ‘exhaustive’ reply on plea to declare PM CARES Fund a ‘State’ 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. Another petition filed by the same petitioner in 2020 seeking to declare PM CARES a ‘public authority’ under the Right to Information (RTI) Act is also pending in the court which had earlier sought the Centre’s reply on it. In the 2021 petition, he has also sought direction to disclose funds deposited every quarter, on the PM CARES website, and the details of the donations received by it which shall include each donor’s name. 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 an honorary basis in response to the 2021 petition, has 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 contended that irrespective of the status of the PM CARES Fund under the Constitution and the RTI Act, it is not permissible to disclose third-party information. In support of his contention that the PM CARES Fund is a ‘State’, the petitioner said it was formed by the Prime Minister on March 27, 2020, for a noble purpose, that is, to extend assistance to the citizens of India in the wake of the public health emergency -- the ongoing COVID-19 Pandemic. 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. “The Representations also included the use of government resources such as use of ‘.HYPERLINK “”ngov.in’ domain name, State Emblem of India and the name ‘Prime Minister’ and its abbreviation on the PM Cares Fund website and in other official and unofficial communications. “Further, the official address of the PM CARES Fund was stated to be the Prime Minister’s Office South Block, New Delhi,” it said.  Based on representations, huge donations were received by the PM CARES Fund and as per the information provided on its website during the financial year 2019-20, an amount of ₹3076.62 crore was collected merely within four days, it said. “The petitioner is not attributing or even alleging any wrongdoing whatsoever on the part of the present Ex-Officio Trustees of the PM CARES Fund. However, since the PM CARES Fund’s Trustees are high government functionaries, it is essential that checks and balances envisioned in Part III of the Constitution are put in the place on the functioning of the fund to extinguish any chance of an allegation of ‘quid pro quo’,” it said.  In his alternative 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 Ministe’, including its abbreviations its name, on its website, Trust Deed and other official or unofficial communications and advertisements. The Centre has said 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 had filed the affidavit, has also 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 Parliament or by any State legislature. In Brief Tamil Nadu Chief Minister [M.K. Stalin tested positive for COVID-19]( on Tuesday and has isolated himself. In a social media post, Stalin said he felt tired on Tuesday and hence tested himself. He tested positive for COVID-19. Stalin reiterated his request calling upon people to use face masks in public places and to take COVID-19 vaccination. Evening Wrap will return tomorrow  Today’s Top Picks [[NASA releases next wave of images from James Webb Space Telescope] NASA releases next wave of images from James Webb Space Telescope]( [[Retail inflation eases marginally to 7.01% in June] Retail inflation eases marginally to 7.01% in June]( [[Rishi Sunak hits threshold for U.K. PM race as nominations open] Rishi Sunak hits threshold for U.K. PM race as nominations open]( [[Satinder Lambah and his ten-point art of diplomacy] Satinder Lambah and his ten-point art of diplomacy]( Copyright @ 2022, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( If you do not wish to receive such emails [go here](