Privacy safeguards under RTI still apply to govt-run PM CARES: HC
New Delhi, Jan. 14 -- The Delhi high court on Tuesday said that the PM CARES fund , despite being formed, managed, administered, supervised and controlled by the government, would still enjoy the privacy safeguards available to third parties under the Right to Information (RTI) Act. PM CARES Fund was established in March 2020 to provide relief to the public during the Covid 19 pandemic or other similar emergencies.
A bench of chief justice DK Upadhyay and justice Tejas Karia made the remarks while hearing an appeal filed by RTI applicant Girish Mittal challenging a single judge's January 22, 2024, ruling.
"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 said to Mittal's lawyer Pranav Sachdeva.
The court added, "Primarily, the RTI Act says that only that information will be provided which is maintained by the department. Here in this case, the IT department is not the primary repository of the information which you are seeking; it is the PM CARES fund."
The matter would be next heard in February, when Sachdeva is likely to continue with his submissions....
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