PM Cares fund entitled to privacy under RTI Act, Delhi HC observes

The Delhi High Court on Tuesday stated that the PM Cares Fund, even if considered a juristic or government entity, cannot be denied the right to privacy under the Right to Information (RTI) Act, as per report.

A division bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia reportedly said that even if the Fund were to be treated as a “State”, it would not lose its right to privacy merely because it performs certain public functions or qualifies as a public authority.

The observations were made while hearing an appeal filed by Mumbai-based activist Girish Mittal, who has challenged a single judge order that set aside a directive of the Central Information Commission (CIC).

The CIC had earlier ordered the Income Tax Department to disclose details relating to the tax exemption granted to the PM Cares Fund under the RTI Act, 2005.

During the hearing, counsel for Mittal argued that the PM Cares Fund does not fall within the exemption provided under Section 8(1)(j) of the RTI Act, which protects personal information from disclosure, cited the reports. 

He reportedly submitted that while an individual’s privacy must be safeguarded, the same protection should not extend to a public charitable trust such as the PM Cares Fund.

The High Court, however, reportedly indicated that the right to privacy is not automatically forfeited simply because an entity performs public functions. The bench said the issue would require further consideration and listed the matter for the next hearing on February 10, as per reports.

In the impugned order, the single judge had ruled that the CIC lacked jurisdiction to direct disclosure of information covered under Section 138 of the Income Tax Act, which governs the confidentiality of information relating to assessees. The single judge had allowed a plea filed by the Central Public Information Officer (CPIO) of the Income Tax Department, challenging the CIC’s order.

Mittal had sought extensive information under Section 6 of the RTI Act, including copies of documents submitted by the PM Cares Fund while seeking tax exemption, file notings relating to the approval, and details of all exemption applications filed with the Income Tax Department between April 1, 2019, and March 31, 2020, along with information on approvals and rejections.

The CIC’s order directing disclosure was stayed by a coordinate bench of the High Court in July 2022.