Court Dismisses Petition by RTI Activist Biplab Kumar Chowdhury, Restricts Future PIL Registrations, and Calls for Legislative Action to Curb Misuse of Legal Processes
In a significant judgment delivered on October 15, 2026, the Division Bench of the Calcutta High Court, comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Om Narayan Rai, addressed the issue of repetitive and voluminous filing of Public Interest Litigations (PILs) and Right to Information (RTI) applications by petitioner Biplab Kumar Chowdhury against the North Dum Dum Municipality and others.
The petitioner, an RTI activist, had reportedly filed over 316 RTI applications involving more than 1000 queries spanning nine years, alongside more than 200 petitions in the High Court, including 43 PILs. The North Dum Dum Municipality raised serious concerns about the alleged misuse and abuse of RTI provisions and the PIL mechanism, seeking judicial intervention to restrict further filings by the petitioner.
The Court acknowledged the extensive volume of the petitioner's filings and noted previous orders where costs had been imposed on him amounting to Rs. 75,000, with part of the costs already paid. Despite the Municipality's plea for restraining the petitioner from filing further RTI applications, the Court refrained from imposing any immediate restriction on the petitioner's RTI rights. It observed that the Municipality has the option to seek remedies through appropriate forums or by invoking writ jurisdiction if they consider the RTI filings to be vexatious or an abuse of process.
Significantly, the Court emphasized the urgent need for the State of West Bengal to consider enacting a Vexatious Litigation (Prevention) Act, similar to legislation already in force in states like Maharashtra, Rajasthan, and Tamil Nadu. This legislative framework would empower the State to curb frivolous, repetitive, and vexatious litigations that burden the judicial system and public authorities.
In a procedural directive, the Court ordered the Registry that any future petition filed by Biplab Kumar Chowdhury that bears the semblance of a PIL shall not be registered as a PIL without prior consideration by an appropriate Bench of the Court. This measure is aimed at safeguarding the PIL mechanism from misuse while ensuring genuine public interest litigations continue unhindered.
The petitioner sought to withdraw the present writ petition, and the Court dismissed it accordingly without imposing further costs. The Court also directed compliance with previous cost orders and noted that the petitioner's pending Review Petition would be pursued independently.
This judgment highlights the judiciary's balancing act between protecting citizens' rights to information and public interest litigation, and preventing the abuse of these legal tools that can overwhelm public bodies and courts. The call for a dedicated Vexatious Litigation (Prevention) Act reflects an evolving jurisprudential approach to managing litigation abuse in India.
Bottom Line:
Public Interest Litigation - Repeated filing of large number of PILs/RTI proceedings by petitioner - Court declined at this stage to restrain filing of RTI applications, leaving municipality to seek appropriate remedy before proper forum - Petition dismissed as withdrawn - Registry directed that any future petition by petitioner having semblance of PIL shall not be registered as PIL unless placed before appropriate Bench - Court also observed need for State of West Bengal to consider introduction of a Vexatious Litigation (Prevention) Act.
Statutory provision(s):
Right to Information Act, 2005; Writ Jurisdiction under the Constitution of India (Articles 226/227)
Biplab Kumar Chowdhury v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2999801
