Supreme Court Denies Anticipatory Bail To RTI Activist In Punjab Road Project Case, Questions ‘RTI Activism’ Trend

Mumbai, June 15: The Supreme Court on Monday refused anticipatory bail to RTI activist Rakesh Kumar Behl and his aide in a case related to the alleged obstruction of a road construction project in Punjab.

While rejecting their plea, the court made strong observations on the growing trend of self-styled activism, saying that “RTI activism has become a new business”.

A bench of Justices Sandeep Mehta and Vijay Bishnoi questioned the authority of the accused to monitor government-funded construction work and intervene in its execution.

The court was hearing a challenge to a Punjab and Haryana High Court order that had earlier denied anticipatory bail to the two men,Live Law and Bar & Bench report.

Court Observations On Activism
During the hearing, counsel for the accused argued that they were exposing alleged corruption in the road project, for which Rs 57 crore had reportedly been released by the Central government. The accused claimed they had raised concerns over the use of substandard materials and were falsely implicated because of their complaints.

The bench, however, was unconvinced. Justice Mehta observed that it was for the authorities to look into such allegations and not private individuals. “The Central government has issued funds. It will take care of the construction of the road. You are nobody. So-called RTI activist. Yellow journalism,” he remarked while dismissing the plea.

Justice Bishnoi echoed similar concerns and asked why the accused were monitoring the road construction work. “Who are you to monitor the construction of all these roads? Are you some superior authority or what?” he asked.

The remarks reflect the court’s apparent concern over individuals taking on oversight roles without any statutory authority, especially when public projects are already subject to official monitoring mechanisms.

FIR Allegations Detailed
The case stems from an FIR registered at Batala City police station on February 20 this year. According to the prosecution, Behl and co-accused Rajiv Kumar alias Mintu obstructed an ongoing road construction project in Batala, Gurdaspur district. They allegedly intimidated the complainant supervising the work as well as labourers present at the site.

The FIR further alleges that the accused assaulted the complainant, causing multiple injuries. One allegation states that a sharp-edged weapon was used during the attack, while the other accused allegedly kicked the complainant repeatedly. Police have also alleged that government records were snatched during the incident.

The accused are further alleged to have made caste-based derogatory remarks against labourers belonging to Scheduled Castes. Based on these allegations, an FIR was registered under various provisions of the Bharatiya Nyaya Sanhita, 2023, along with Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

High Court Findings
The Punjab and Haryana High Court, while rejecting anticipatory bail on May 14, noted that the FIR disclosed specific and direct involvement of the accused in obstructing government work. The High Court also referred to medical evidence indicating that the complainant suffered seven injuries, one of which was found to be grievous.

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The High Court had observed that allegations of corruption in the road project could not, by themselves, justify anticipatory bail when the allegations in the FIR were supported by medical evidence. It also held that custodial interrogation was necessary.

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