News Desk: The Lokpal has disposed of a complaint alleging irregularities in the collection and management of the PM CARES Fund, stating that the complainant failed to provide sufficient material facts and preliminary evidence to justify a corruption investigation. However, the anti-corruption ombudsman has allowed a fresh complaint to be filed with credible and verifiable information.
In an order dated October 9, a bench headed by Lokpal chairperson Justice AM Khanwilkar said the complaint, as submitted, did not provide adequate grounds to initiate a preliminary inquiry under the Prevention of Corruption Act. The bench clarified that an investigation could not be ordered without specific facts and material indicating the possible commission of an offence.
The complaint was filed in June and raised allegations concerning the collection, administration and handling of contributions to the PM CARES Fund. It also sought scrutiny of the use of government machinery, foreign contributions, audit arrangements and the role of public servants associated with the fund.
The Lokpal had earlier asked the complainant, on August 20, to identify the specific allegations that could constitute offences under the Prevention of Corruption Act. The complainant subsequently submitted an affidavit providing additional details.
However, after examining the affidavit and the documents referred to in the complaint, the bench concluded that the material remained insufficient to justify a preliminary investigation.
The order stated that the responsibility rested with the complainant to present a properly structured complaint containing relevant facts, specific particulars and verifiable material. The bench cautioned against conducting a broad or unfocused inquiry in which the Lokpal would have to examine documents, identify relevant facts and independently draw conclusions about possible offences.
The ombudsman emphasised that a preliminary inquiry is not automatic and can be ordered only when a complaint contains credible information that prima facie indicates the commission of an offence.
The Lokpal has nevertheless allowed the complainant to approach it again with a fresh plea containing all relevant facts and supporting material. It clarified that any properly prepared complaint could be considered independently, without being influenced by the earlier complaint or the latest order.
The identities of the complainant and those associated with the PM CARES Fund were withheld in the order on confidentiality grounds.
Prime Minister Narendra Modi is the ex-officio chairperson of the PM CARES Fund, while Defence Minister Rajnath Singh, Home Minister Amit Shah and Finance Minister Nirmala Sitharaman are its ex-officio trustees.
The order does not establish whether the allegations concerning the fund are true or false. Instead, it addresses whether the complaint submitted sufficient evidence to warrant a preliminary corruption inquiry, leaving the door open for further consideration if a fresh plea meets the required legal standards.
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