Delhi High Court Case Status
Introduction: PM Cares Fund
The Delhi High Court recently concluded a significant legal battle surrounding a Right to Information (RTI)
filed by a Mumbai activist regarding the PM CARES Fund. This article dives into the intricacies of the
case, shedding light on the court’s decision and the underlying demands of the activist.
I. Background of the RTI:
Imagine you’re in Mumbai, where an activist is curious about the PM CARES Fund. They file an RTI application, asking about the fund’s tax benefits from 2019 to 2020.
II. The First Reactions
The RTI application is sent to the Central Information Commission (CIC). The CIC says, “Sure, we can share that info!” But the Income Tax Department disagrees and takes the matter to the Delhi High Court, which sides with the department.
III. The Income Tax Department’s View
The Income Tax Department sees the PM CARES Fund as a third party. They refuse the RTI application, saying it’s exempt under the RTI Act. The first appeal supports this decision.
IV. The Chief Information Commission’s Decision
The activist doesn’t give up and takes the matter to the Chief Information Commission. The CIC orders the disclosure of the information, but the Income Tax Department challenges this decision in the Delhi High Court.
V. The Delhi High Court’s Reasons for Denial
The Delhi High Court says the PM CARES Fund isn’t a public authority under the RTI Act. They also say the CIC didn’t follow the right procedures and didn’t have the jurisdiction to order the disclosure of information. They also point out that the PM CARES Fund wasn’t given notice of the hearing.
VI. The Court’s Take on Information Disclosure
The Delhi High Court says that the information would only be disclosed if the Chief Principal Commissioner or Chief Principle Commissioner agrees. This sparks a debate on the transparency of the PM CARES Fund and the rights of citizens under the RTI Act.
Conclusion
In a complex legal battle, the Delhi High Court ruled against the RTI application, highlighting procedural lapses and jurisdictional issues. The court emphasized the importance of adhering to the RTI Act and providing notice to third parties, specifically in cases involving sensitive information. This decision sets a precedent for future RTI applications related to third parties, emphasizing the need for meticulous adherence to legal procedures.
This comprehensive overview encapsulates the key events and legal intricacies surrounding the closure of the RTI matter on the PM CARES Fund, shedding light on the court’s rationale and the implications for
transparency and information disclosure in India
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