On 14 January 2026, the Delhi High Court made important remarks in a case involving the Right to Information (RTI) Act and the PM Cares Fund. The issue before the court was whether information about the fund should be disclosed under the RTI Act, and if the fund can claim privacy protections when someone files an RTI request.
The bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, heard an appeal by an RTI applicant who first approached the Central Information Commission (CIC) seeking details about the tax exemption and documents submitted by the PM Cares Fund to the Income Tax Department. The CIC had ordered the disclosure of these documents, but this order was challenged in the High Court.
During the hearing, the court clarified that the case was not about the constitutional right to privacy, but about statutory privacy under the RTI Act—specifically Section 8(1)(j), which protects personal information from disclosure unless public interest clearly outweighs the privacy interest. The court pointed out that this protection applies equally to juristic persons (like trusts and entities) whether they are public or private.
The judges raised a key question: even if the PM Cares Fund is run, supervised, or controlled by the government, does that mean it automatically loses its right to privacy under the RTI Act? The court said no, asserting that being associated with the government does not strip the fund of its privacy rights available to third parties under the law.
The court also noted that procedural safeguards must be respected before disclosing information involving third parties. It stressed that just because an entity performs functions of public interest, it cannot be denied the protections provided under the RTI Act for third-party information.
After hearing preliminary arguments, the court adjourned the case and listed it for further hearing on 10 February 2026, when additional submissions will be made. The ruling highlights the balance between transparency and privacy rights under India’s RTI framework.