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The Delhi High Court has ruled that the PM CARES Fund is not excluded from the privacy protections available under the Right to Information Act merely because of its alleged association with the government. The Court observed that the RTI framework does not create separate privacy standards based on whether an entity is public-facing or privately constituted.

While examining the matter, a Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia clarified that the dispute does not involve the constitutional guarantee of privacy under Article 21. Instead, the focus is on statutory confidentiality under Section 8(1)(j) of the RTI Act, which limits disclosure of third-party information unless specific legal thresholds are satisfied.

The Bench noted that performing public functions or being subject to governmental oversight does not strip an organisation of its independent legal existence. On this basis, the Court rejected the argument that government-linked trusts should be treated differently from private trusts when claims of third-party privacy arise under the RTI law. According to the Court, all juristic entities—including trusts and societies—are entitled to identical protection unless disclosure is permitted through legally prescribed procedures.

These remarks arose in proceedings concerning a request for documents submitted by the PM CARES Fund while seeking tax exemptions under the Income Tax Act. Although the Central Information Commission had earlier ordered disclosure of the material, a single judge of the High Court overturned that decision in January 2024, holding that Section 138 of the Income Tax Act prevails over the RTI Act in such matters.

The RTI applicant, Girish Mittal, has appealed against the single-judge ruling, arguing that a charitable trust created by the government cannot invoke privacy protections under the RTI regime. The Division Bench has scheduled the matter for further hearing on February 10, when submissions from the Income Tax Department are expected.

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