PM CARES Fund Can Claim RTI Privacy Like Any Other Trust: Delhi High Court
The Delhi High Court has observed that the PM CARES Fund has a right to privacy under the Right to Information law, even if it is run or controlled by the government.
The Court clarified that this privacy is not the fundamental right under Article 21 of the Constitution. Instead, it relates to privacy protection given to third parties under Section 8(1)(j) of the Right to Information Act. This section prevents disclosure of personal or confidential information without proper reasons.
The Bench explained that merely because an organisation performs public functions or is supervised by the government, it does not lose its legal identity. Such an organisation continues to enjoy privacy protection under the RTI Act.
The Court further stated that the RTI law does not differentiate between public and private trusts when it comes to third-party privacy. Whether it is a private trust, a society, or a government-controlled body, the same privacy rules apply.
These observations were made while hearing an appeal seeking details submitted by the PM CARES Fund to the Income Tax Department for tax exemption purposes. Earlier, the Central Information Commission had directed disclosure of this information. However, a single judge of the High Court had set aside that order.
In January 2024, the single judge ruled that information protected under Section 138 of the Income Tax Act cannot be disclosed through RTI, and that this provision overrides the RTI Act.
The applicant, Girish Mittal, challenged this decision before the Division Bench, arguing that a public charitable trust like PM CARES should not enjoy privacy under RTI. The Court has now listed the matter for further hearing.
