The Delhi High Court has recently reiterated that the PM Cares Fund, despite being managed by the government, retains the right to privacy under the Right to Information (RTI) Act. The court made these observations while hearing an appeal concerning the disclosure of documents related to the fund’s income tax exemption. The next hearing in the matter is scheduled for 10 February 2026.
According to Scroll, the division bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, clarified that the PM Cares Fund does not forfeit its privacy rights simply because it is run by the government. The bench referred to Section 8(1)(j) of the RTI Act, which restricts the disclosure of personal information, and stated that this provision applies to both public and private trusts.
As reported by Live Law, the court was addressing an appeal against a single-judge order that had set aside a Central Information Commission (CIC) directive. The CIC had previously instructed the Income Tax Department to disclose details regarding the tax exemption granted to the PM Cares Fund. The single-judge bench ruled that the CIC lacked jurisdiction to order such disclosure under Section 138 of the Income Tax Act.
The bench emphasised that the public character of an entity does not eliminate its entitlement to privacy safeguards under the RTI Act as coverage revealed. The court noted that Section 11 of the RTI Act provides explicit privacy protections to third parties, requiring prior notice before any confidential information is disclosed by a public information officer.
During the proceedings, the petitioner’s counsel argued that a public charitable trust established by the government should not be entitled to privacy under the RTI Act. However, the bench maintained that both public and private entities are equally protected by the statute as details emerged. The court further stated, “Merely because there is an entity discharging certain public functions, or if it is managed, supervised and controlled by the government, it is still a juristic personality. How can you deny such a right [to privacy] conferred on it merely because it is a public authority?”
“How can you say that merely there is an entity which discharges a certain public function, which has been formed by the government, managed, administered, supervised, and controlled by the government; nonetheless, it is an entity, it is a legal juristic personality. How can you deny such a right (right to privacy) conferred on a third party merely because it is a public authority?” the bench stated.
The PM Cares Fund was established in March 2020 to provide relief during emergencies such as the Covid-19 pandemic. The fund’s status under the RTI Act has been a subject of legal and public debate, with previous government statements asserting that it is “owned and established” by the government but does not fall under the RTI Act due to its receipt of private contributions as analysis showed.
The court’s remarks also addressed the argument that the PM Cares Fund, being a society formed by government officials, should not enjoy the same privacy protections as private entities. The bench clarified that the RTI Act’s privacy safeguards apply regardless of whether the entity is public or private following reports.
Opposition parties have continued to question the transparency of the PM Cares Fund and the necessity of its creation when the Prime Minister’s National Relief Fund already exists. The legal proceedings are ongoing, and the matter will be revisited by the Delhi High Court in February 2026 at the end of the hearing.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.