New Delhi, January 13, 2026:

The Delhi High Court on Tuesday observed that the PM CARES Fund, despite being constituted, managed and supervised by the government, may still be entitled to privacy safeguards available to third parties under the Right to Information (RTI) Act. The remarks were made while hearing an appeal challenging a previous ruling related to disclosure of information concerning the fund.

A division bench comprising Chief Justice D.K. Upadhyay and Justice Tejas Karia was hearing an appeal filed by RTI applicant Girish Mittal. The appeal questioned a January 22, 2024 order of a single judge, which had set aside a Central Information Commission (CIC) directive asking the Income Tax Department to disclose details regarding the grant of tax exemption to the PM CARES Fund. The single judge had ruled that the CIC order was flawed as the PM CARES Fund, being a third party under the RTI Act, was not heard before directing disclosure.

During the hearing, the bench noted that Section 11 of the RTI Act explicitly provides privacy safeguards to third parties when information treated as confidential is proposed to be disclosed. The court observed that the public character of an entity does not automatically strip it of protections granted to third parties. It underlined that even if an organisation is formed and administered by the government, it remains a distinct legal entity with certain rights, including the right to privacy.

The court further remarked that the Income Tax Department was not the primary custodian of the information sought, stating that the PM CARES Fund itself is the principal repository of such records. Responding to arguments by Mittal’s counsel that the fund’s public nature negates privacy concerns, the bench disagreed, asserting that RTI safeguards apply equally to public and private third parties. The matter is scheduled for further hearing in February, when the petitioner’s counsel is expected to continue submissions.

 RTI vs Privacy: Delhi High Court Says PM CARES Fund May Claim Third-Party Protection

The Delhi High Court has indicated that the PM CARES Fund, even though it is formed, managed and overseen by the government, may still be entitled to privacy safeguards under the Right to Information Act. The observation came during the hearing of an appeal related to the disclosure of information about the fund’s tax exemption status.

A bench led by Chief Justice D.K. Upadhyay noted that the RTI Act clearly provides protection to third parties under Section 11, especially when information sought is treated as confidential. The court emphasised that performing a public function or having a government-backed structure does not automatically remove an entity’s right to privacy.

The judges also pointed out that the Income Tax Department is not the primary holder of the information being sought, observing that the PM CARES Fund itself is the main repository of the records in question. The bench stressed that RTI disclosures must follow due process, including giving notice and an opportunity to be heard to the concerned third party.

The case arises from an appeal filed by RTI applicant Girish Mittal, challenging a previous order that set aside a CIC directive on disclosure. The High Court said the issue raises important questions on transparency and privacy under the RTI law and will be examined further when the matter comes up for hearing again in February.