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Delhi High Court Signals PM CARES May Retain RTI Third-Party Privacy Despite Government Control

The bench indicated the Income Tax department may not be the proper source for the requested files, with the appeal listed for February 10.

Overview

  • A Delhi High Court division bench led by Chief Justice D.K. Upadhyaya said a publicly controlled juristic entity can still claim third-party privacy protections under the RTI Act.
  • The appeal by RTI applicant Girish Mittal contests a January 2024 order that scrapped a CIC directive for disclosure of PM CARES tax-exemption records.
  • The judges indicated the Income Tax department is not the primary holder of the sought documents and that the fund itself is the repository.
  • The litigation also tests the CIC’s remit and the effect of Income Tax Act Section 138 on RTI disclosures identified by the single-judge ruling.
  • Mittal seeks the fund’s exemption application papers, related file notings, a list of FY 2019–20 exemption applications, and any rejections with reasons, with arguments to continue on February 10.