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Delhi High Court Holds PM CARES Fund Gets Privacy Protection Under RTI Act
The Delhi High Court rules that the PM CARES Fund is entitled to privacy protection under the Right to Information (RTI) Act, even if treated as a public authority. A Division Bench led by Chief Justice Devendra Kumar Upadhyaya with Justice Tejas Karia bases the ruling on Section 8(1)(j) of the RTI Act.
Delhi High Court Ruling on PM CARES Fund: RTI Privacy Protection
| Dimension | Key Details |
|---|---|
| Court and bench | Ruling is delivered by a Division Bench led by Chief Justice Devendra Kumar Upadhyaya, along with Justice Tejas Karia. |
| Legal basis cited | Section 8(1)(j) of the RTI Act provides for exemption from disclosure of personal or 3rd-party information unless a larger public interest is established. |
| Nature of privacy right | The right to privacy under RTI is statutory and is not derived from Article 21 of the Constitution. |
| Public functions and privacy | Entities performing public functions do not automatically lose privacy protection under RTI. |
| Status and privacy | PM CARES Fund, even if treated as “State”, remains a juristic personality and cannot be denied privacy rights merely because of government control or supervision. |
| 3rd-party category | RTI law does not distinguish between public and private third parties; it applies equally to all third parties regardless of whether they are public or private entities. |
| Entities as 3rd parties | Trust, society, cooperative body, private individual; examples include schools or clubs run by trusts. |
| Due process for disclosure | 3rd-party information cannot be disclosed without following due process; notice to 3rd parties is mandatory before disclosure. |
| Case origin | RTI application is filed by Girish Mittal seeking disclosure of documents submitted by the PM CARES Fund to claim tax exemptions. |
| CIC direction in the matter | Central Information Commission directs the Income Tax Department to disclose the information. |
| Subsequent judicial step | A single judge of the Delhi High Court sets aside the CIC direction; Girish Mittal approaches the Division Bench in appeal. |
| RTI Act | Right to Information Act, 2005 provides for transparency and also provides for protection of sensitive and third-party information; Section 8 comprises exemptions where disclosure is not mandatory. |