PM Cares Fund Is Juristic Personality But Has Right To Privacy Under RTI Act: Delhi High Court Remarks

The Delhi High Court on Tuesday orally remarked that the PM Cares Fund, despite being a juristic or government entity, cannot be denied the right to privacy under the Right to Information Act.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that even if the Fund is a State, it does not lose its right to privacy merely because it is a public authority and discharges certain public functions.

The Court was hearing an appeal filed by one Girish Mittal challenging a single judge order which had set aside an order of the Central Information Commission (CIC) directing the Income Tax (IT) department to provide details regarding the tax exemption granted to the PM Cares Fund under the Right to Information Act, 2005.

During the hearing today, Mittal's counsel argued that the Fund is not covered under the exemption granted in Section 8(1)(j) of the RTI Act.

He said that while privacy of an individual is to be protected, the protection cannot be given to a public charitable trust like PM Cares Fund.

The Court will hear the matter next on February 10.

Vide the impugned order, the single judge had observed that the CIC does not have the jurisdiction to direct furnishing of information provided for in Section 138 of the Income Tax Act (disclosure of information respecting assessees.)

The single judge had allowed the plea moved by the CPIO of IT Department challenging the order passed by the CIC in relation to an application filed by Mumbai-based activist Girish Mittal under Section 6 of the RTI Act. Through this application, Mittal sought details regarding the tax exemption granted to the PM Cares Fund.

Mittal had asked for copies of all documents submitted by the PM Cares Fund in its exemption application, copies of file notings granting the approval, list of all the exemption applications filed before the IT Department from 1st April, 2019 till 31st March, 2020 along with the date of filing and date on which they were granted exemption and any application that had been rejected along with reasons for rejection.

The CIC order was stayed by a coordinate bench in July 2022.