🚨 The Illusion of Good Governance: Illegal Detention, Compensation Claims, and the Crisis of Accountability in Mirzapur Police 🚨
The details presented in the repeated grievances filed by Mahima Maurya on the Uttar Pradesh Jansunwai portal—specifically concerning the alleged illegal detention of her husband, Pramod Kumar Kushwaha, by the Mirzapur police—do not merely describe an isolated incident of police misconduct. They lay bare a systemic failure in accountability, a disregard for clear judicial and governmental directives, and a fundamental challenge to the promised “good governance” in the state of Uttar Pradesh.
This analysis breaks down the core issues, examining the legal framework that demands compensation for victims, the alarming inconsistency in the official response, and the profound implications for public trust in law enforcement.
1. The Core Allegation: Illegal Detention and the Claim for Compensation
The crux of the matter revolves around the detention of Pramod Kumar Kushwaha. Mahima Maurya asserts that her husband was illegally detained by the Mirzapur police and subsequently released on bail from the Subdivisional Magistrate’s court. Crucially, the initial grievance (GOVUP/E/2025/0014667) explicitly demands a compensation of Rs. 25,000 for this illegal detention, citing a government circular issued on September 9, 2021, which provides for such compensation under sections 107/116/151 of the Criminal Procedure Code (CrPC).
The complainant points out a glaring factual discrepancy in the police’s own documentation: while her husband, Pramod Kumar Kushwaha, was allegedly arrested, police documents appear to show the arrest of a different individual, Mithilesh Maurya, under sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), though the BNSS replaced the CrPC only in 2023, making the cited section 151 of CrPC relevant for the 2021 circular’s context. The key assertion remains: the police arrested Pramod Kumar Kushwaha but documented the arrest of Mithilesh Maurya, using the latter’s place of detention as the site of her husband’s illegal detention. This inconsistency—arresting one person and documenting another—is central to the claim of illegal detention and a cover-up.
The Legal Mandate for Compensation
The demand for Rs. 25,000 compensation is not arbitrary; it is grounded in formal directives:
- Allahabad High Court Directives: The introductory text explicitly notes that the Allahabad High Court has clearly ruled that victims of illegal detention must be compensated by the state, and disciplinary proceedings should be initiated against the responsible officers.
- Government Circular (Sept 9, 2021): The official press note, reproduced in the grievance, unequivocally states that a victim of illegal custody under 107/116/151 will receive a compensation of Rs. 25,000, and responsible officers will face disciplinary action.
- UP Victim Compensation Scheme, 2014: This scheme provides the overarching legal framework, stating that victims of crimes, including illegal detention, are eligible for compensation.
The failure of the Mirzapur police and, by extension, the state mechanism to even acknowledge, let alone act upon, this clear legal and administrative mandate raises serious questions about the state’s respect for its own laws and judicial orders.
2. The Crisis of Inconsistency: Arbitrary Reports and CM Office’s Credibility
The most damning aspect of this saga is the nature of the official response submitted by the Additional Superintendent of Police (A.S.P.), Mirzapur.
The Arbitrary and Inconsistent Report
The grievance with registration number GOVUP/E/2025/0021253 expresses outrage that the Additional S.P. submitted an “arbitrary and inconsistent report” that “does not touch the submissions of the following grievance.” The complainant vehemently asks:
“How can chief minister office accept such bogus report submitted by the additional S.P. Mirzapur on the Jansunwai portal of the government of Uttar Pradesh because such approach of the Chief Minister Office is lowering the dignity of portal?”
This suggests that the police officer’s report entirely side-stepped the central issues: the alleged illegal detention of Pramod Kumar Kushwaha, the demand for Rs. 25,000 compensation, and the request for disciplinary action against the personnel involved. Instead of conducting a proper inquiry into the claim, the A.S.P. appears to have filed a boilerplate or misleading report, resulting in the premature closure of the previous grievance (GOVUP/E/2025/0014667) with the generic remark: “आख्या सादर अवलोकनार्थ प्रेषित है महोदय, जाँच आख्या संलग्न है” (Report is respectfully submitted for perusal, Sir, investigation report is attached).
Undermining the Jansunwai Portal
The Jansunwai portal is a crucial public grievance redressal mechanism designed to bring transparency and accountability to governance. When high-ranking officers like an Additional S.P. submit reports that are demonstrably “arbitrary” and fail to address the core complaint, and the Chief Minister’s Office (CMO) accepts such reports, the credibility of the entire ‘good governance’ framework is compromised. The complainant is right: such actions by the CMO’s office, represented here by the forwarding officer, Shri Arvind Mohan, Joint Secretary, appear to lower the dignity of the very platform meant to serve the citizens.
3. The Broader Implications: Anarchy and Mockery of the Law
The complainant’s language is strong, yet perhaps justified: she uses terms like “anarchy in the working of the police,” “human rights violations are quite rampant in this state,” and the local police’s actions are a “mockery of the law of land.”
These statements are not mere hyperbole; they reflect a critical disconnect:
- Directives vs. Reality: The Director General of Police (DGP) issues multiple circulars emphasizing compliance with legal standards, including those related to illegal detention and extortion. Yet, the local Mirzapur police allegedly not only violate these standards but also actively submit misleading reports to cover up the violation.
- The Power of Immunity: The continuous failure to take “concrete action against such misconduct,” despite repeated complaints, suggests an environment where certain police officers feel a sense of impunity. When officers of Additional S.P. rank submit arbitrary reports and face no immediate challenge or disciplinary consequence, it signals that internal accountability mechanisms are failing.
- Erosion of Public Trust: As the introductory statement argues, if the police fail to compensate victims of illegal detention, it “undermines public trust and suggests that the circulars issued by the DGP may be misleading or ineffective.” Public faith in a system that protects its own misconduct over the rights of its citizens is irretrievably damaged.
4. A Path Forward: Demand for Transparent and Accountable Resolution
The only satisfactory resolution for this grievance must move beyond the perfunctory and address the two-pronged failure: the illegal detention and the subsequent arbitrary official response.
The state government, particularly the Chief Minister’s Office, must take the following steps to restore credibility:
- Re-open and Re-Investigate: The original grievance (GOVUP/E/2025/0014667 and the subsequent GOVUP/E/2025/0021253) must be reopened for a comprehensive, impartial investigation. A senior officer from outside the Mirzapur district must be tasked with:
- Determining the factual position of Pramod Kumar Kushwaha’s detention, contrasting police documents with the magistrate court’s bail records.
- Verifying if he was illegally detained, regardless of whether the arrest was officially documented under section 151 CrPC or covered up by documenting Mithilesh Maurya’s arrest.
- Ensure Compensation: If illegal detention is established, the Rs. 25,000 compensation must be immediately disbursed to Pramod Kumar Kushwaha as per the September 9, 2021, government circular and the directives of the Allahabad High Court.
- Initiate Disciplinary Action: The police personnel responsible for the illegal detention, and critically, the Additional S.P. who submitted the “arbitrary and inconsistent report” (GOVUP/E/2025/0021253), must face strict disciplinary proceedings to establish accountability and deter future misconduct.
- Publicly Address the Failure: The Chief Minister’s Office should issue a public statement or a detailed, non-arbitrary response on the Jansunwai portal, acknowledging the shortcomings in the process and reaffirming its commitment to the High Court’s directives and its own circulars.
The case of Pramod Kumar Kushwaha is a test of the commitment to ‘good governance’ in Uttar Pradesh. Failure to enforce the law—both against the victims of illegal detention and against the officers who submit false reports—will solidify the perception that police impunity is, indeed, an integral part of the policing landscape, rendering all high-level circulars and court orders utterly meaningless.
Think about the deep rooted corruption of L.D.A. that every grievance is categorised as C-Category of Dinesh Pratap Singh. If L.D.A. is seeking documents from Dinesh Pratap Singh, then it must provide list in sequence so that verification may be carried out
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