Notice issued to CIC & PMO on plea challenging refusal of PM CARES Fund Details under RTI: Punjab and Haryana High Court

The Punjab and Haryana High court has issued notice of motion to the Chief Information Commission (CIC) and Prime Minister Office (PMO) in a case pertaining to non-releasing of information regarding PM CARES Fund under the Right to Information Act 2005.

The Bench of Justice H. S. Madaan was hearing a civil writ petition wherein it had been alleged that despite two reminders, the CIC had not decided upon a second appeal against PMO’s decision to not release certain information regarding PM Cares Fund under the RTI Act, 2005.

On June 7, 2020, the petitioner-Advocate Nitin Mittoo had filed an application before the Public Information Officer, PMO through the online portal (RTI online) wherein he had sought information relating to the cabinet resolution on advertisement of the PM CARES FUND on the government websites.

Mittoo had also asked for permission letters and details of the amount released from the PM CARES Fund that was spent on its advertisement on the Indian government websites and various other world forums websites.

However, on June 15, 2020, Public Information Officer, PMO had sent a response to Mittoo wherein sought information was denied on the grounds that since the information was related to PM CARES fund, and as the same does not fall under the ambit of public authority under the RTI Act, 2005, therefore information related to it could not be released.

Thereafter, Mittoo had filed the first appeal before the First appellate authority i.e. First appellate authority, PMO which had dismissed Mittoo’s first appeal upholding Public Information Officer, PMO’s decision.

Against that order, Mittoo had then moved a second appeal before the Chief Information Commission on September 23, 2020 which has not been decided till date.

Aggrieved against this pendency, Mittoo had come knocking the doors of the high court seeking a writ of mandamus. Mittoo had prayed for directions to the Chief Information Commission, New Delhi to decide the appeal with in a stipulated time period of 30 days.

Senior Advocate Satya Pal Jain with Advocate Dheeraj Jain have accepted notice on behalf of the respondents (CIC and PMO).

The matter will be next heard on January 6, 2022.

Case title - Nitin Mittoo v CIC and others