Illegal Detention in Uttar Pradesh is quite common, and notably, the case of Pramod Kumar Kushwaha is one of the many instances highlighting this troubling issue. In recent years, numerous individuals have reported being unlawfully detained by authorities without proper justification or due process. Specifically, Pramod’s situation sheds light on the broader implications of such practices, which not only violate fundamental human rights but also undermine trust in the legal system. Furthermore, many detainees face harsh conditions and often lack access to legal representation during their ordeal. Consequently, the impact of illegal detention extends beyond the individuals affected; it creates a culture of fear that stifles free expression and promotes a climate of oppression. As citizens and advocacy groups actively raise awareness, the call for reform becomes increasingly urgent, demanding accountability and the protection of civil liberties.

Justice for Pramod Kumar Kushwaha: A Case of Illegal Detention in Uttar Pradesh

Personal liberty forms the cornerstone of any democratic society. In India, for instance, the Constitution protects this right, and procedural laws detail it. However, when the machinery meant to uphold these laws misuses them instead, it undermines the rule of law itself. This case of illegal detention in Uttar Pradesh centers on Mahima Maurya, who is seeking compensation for the detention of her husband Pramod Kumar Kushwaha by the Mirzapur police, and it therefore brings to light the critical need for police accountability and the enforcement of government-mandated safeguards.

The Core of the Grievance: A Violation of Rights

On March 10, 2025, Mahima Maurya filed a formal grievance (Registration Number: GOVUP/E/2025/0023181) addressed to the Uttar Pradesh government. Specifically, the complaint details a harrowing instance of administrative overreach. Namely, Mirzapur police detained her husband, Pramod Kumar Kushwaha, under Section 151 of the Criminal Procedure Code (CrPC)—a provision now integrated into Section 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Lawmakers originally designed Section 151 as a preventive measure that lets police arrest an individual to prevent the commission of a cognizable offense. Nevertheless, Mahima Maurya alleges that in this instance, officers did not use the law for prevention but as a tool for “illegal detention” and “false imprisonment.” According to the complaint, moreover, police carried out the detention at the residence of a third party in District Prayagraj—an act she describes as a “mockery of the law of the land” and, in addition, reflective of “anarchy” within the local police force.

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The Legal Framework: Constitution vs. Custodial Abuse

Every claim of illegal detention in Uttar Pradesh rests on the constitutional protections afforded to every Indian citizen. Therefore, it is essential to understand the legal pillars that the Mirzapur police are alleged to have bypassed:

• Article 21: For example, it guarantees that no person shall be deprived of life or personal liberty except according to the procedure established by law.
• Article 22: Similarly, it provides specific protections against arbitrary arrest, ensuring the right to be informed of grounds for arrest and the right to legal counsel.
• Section 57 of the CrPC: In addition, it explicitly mandates that no person arrested without a warrant shall be detained for more than 24 hours without being produced before a Magistrate.

Ultimately, the complainant argues that the “arbitrary and inconsistent” reports the Additional S.P. of Mirzapur submitted attempt to mask a clear case of custodial abuse.

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The 2021 Government Mandate: A Ray of Hope

The crux of Mahima Maurya’s demand for Rs. 25,000 in compensation for this instance of illegal detention in Uttar Pradesh is rooted in a specific government circular issued on September 9, 2021. Following strict directives from the Allahabad High Court, in fact, the Information and Public Relations Department of Uttar Pradesh established a mechanism to curb the misuse of preventive detention laws (Sections 107, 116, and 151).

Specifically, the 2021 guidelines are unequivocal:

1. Financial Redress: First, anyone found illegally detained under these sections is entitled to compensation of Rs. 25,000.
2. Accountability: Second, the department must initiate punitive and disciplinary action against the specific police officer or executive magistrate responsible for the illegal detention.

In essence, the government designed this policy to transform the “culture of impunity” into a culture of accountability. Therefore, by demanding this sum, Mahima Maurya is not just seeking financial aid—she is also demanding the enforcement of a government promise.

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The Current Status of the Grievance

As of March 2025, officials have received the grievance and forwarded it to Shri Arvind Mohan (Joint Secretary) at the Chief Minister’s Secretariat in Lucknow. Consequently, the public and legal activists are now watching the Secretariat closely to see if the state will uphold its own 2021 mandate.

Indeed, the misuse of preventive sections like 151 CrPC (now 170 BNSS) points to a wider pattern of illegal detention in Uttar Pradesh. Specifically, officers often use these sections to settle personal scores or bypass the rigorous requirements of a standard arrest. As a result, when a citizen like Mahima Maurya stands up to challenge “arbitrary reports” and “anarchic working styles,” it serves as a litmus test for the grievance redressal system in Uttar Pradesh.

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Conclusion: The Need for Immediate Intervention

The demand is simple: Justice through Compensation and Accountability. Specifically, if the detention of Pramod Kumar Kushwaha turns out to be without legal justification, the Mirzapur police are legally and morally bound to provide the stipulated compensation of Rs. 25,000.

Consequently, allowing police officers to act outside the scope of the law without consequence undermines the very foundation of the Bharatiya Nagarik Suraksha Sanhita. For the residents of Mirzapur and the wider state of Uttar Pradesh, therefore, the resolution of this case will signal whether the 2021 guidelines are a living protection for the people or merely words on a page.

Furthermore, it is deeply concerning that despite the existence of a clear government mandate and the directives of the Allahabad High Court, the Mirzapur police have maintained a wall of silence. When law enforcement ignores RTI applications and formal representations, moreover, the issue moves beyond a simple legal dispute and becomes a matter of administrative non-compliance and obstruction of justice.

In short, here is a breakdown of why this silence is happening and the specific legal escalations you can take to break the deadlock.

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Why the Silence? The Strategy of “Administrative Attrition”

In many cases, local authorities use silence as a tool, hoping the complainant will eventually give up due to legal fatigue. Specifically, by not responding to your RTI (Right to Information) application or representations, they aim to avoid creating a written record that could be used against the responsible officers in a disciplinary hearing.

Under the 2021 guidelines, however, if they admit to the illegal detention, they become liable not just for the Rs. 25,000 compensation, but the concerned officer also faces punitive departmental action.

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Steps to Break the Silence

1. Escalate the RTI to the First Appeal and SIC

Since the Mirzapur police have not responded to your RTI, you therefore have a powerful legal tool at your disposal:

• First Appeal: For instance, file a First Appeal under Section 19(1) of the RTI Act with the Appellate Authority (usually the Superintendent of Police, Mirzapur). They must respond within 30 days.
• Second Appeal (SIC): Alternatively, if the First Appeal fails, move to the Uttar Pradesh State Information Commission (SIC) in Lucknow. The Commission can penalize the Public Information Officer (PIO) Rs. 250 per day for the delay.

2. Move from “Grievance” to “Contempt of Court”

The compensation of Rs. 25,000 is based on directives from the Allahabad High Court.

• Consequently, if the police ignore a government order issued specifically to comply with High Court directions, you can argue their inaction constitutes Contempt of Court.
• Alternatively, you may consult a lawyer to file a Writ of Mandamus in the Allahabad High Court, asking the court to compel the Mirzapur police to comply with the September 9, 2021, government circular.

3. Direct Petition to the DGP and Home Secretary

Since the local Mirzapur administration remains silent, you must therefore move the matter out of their jurisdiction:

• First, send a formal petition via Registered Post AD to the Director General of Police (DGP), Uttar Pradesh, and the Principal Secretary (Home) in Lucknow.
• Then, attach the “Silent” RTI receipts as proof that the local police are suppressing the matter.

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Your Grievance Roadmap (Illegal Detention in Uttar Pradesh)

Action Level	Authority	Purpose
District Level	SP/SSP Mirzapur	Demand implementation of the 2021 Circular.
State Level	DGP / Home Secretary	Report administrative “anarchy” and silence.
Judicial Level	Allahabad High Court	File for Contempt or Mandamus for compensation.
Statutory Body	UP State Human Rights Commission	Report illegal detention as a human rights violation.

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Conclusion (Illegal Detention in Uttar Pradesh)

The silence of the Mirzapur police amounts to an admission that they cannot legally justify this case of illegal detention in Uttar Pradesh. By ignoring your RTI, they violate the RTI Act, 2005, and by ignoring your representations, they also violate the UP Government’s own 2021 mandate.

Therefore, the most effective next step is to hold them accountable for their silence through the Information Commission or the High Court.

To break the silence of the local authorities, moreover, you must escalate your matter to the state-level oversight bodies. Below, accordingly, are the specific contact details for the public authorities responsible for your grievance and RTI appeals.

1. State-Level Oversight (The Chief Minister’s Office) (Illegal Detention in Uttar Pradesh)

Since your grievance (GOVUP/E/2025/0023181) is already with the Joint Secretary, you should therefore send a physical reminder or a “Dissatisfaction Letter” to this office.

• Officer Name: Shri Arvind Mohan (Joint Secretary)
• Office Address: Chief Minister Secretariat, Room No. 321, U.P. Secretariat, Lucknow.
• Contact Number: 0522-2226350 / 0522-2226354
• Email Address: arvind.12574@gov.in
• Web Link: UP Jansunwai (Samadhan) Portal

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2. Police Hierarchy (Escalation beyond Mirzapur) (Illegal Detention in Uttar Pradesh)

If the Mirzapur District Police fail to respond, you must consequently contact the Range and State Headquarters.

Authority	Name/Rank	Email	Mobile (CUG)
SP Mirzapur	Shri Somen Verma (IPS)	spmzr-up@nic.in	9454400299
DIG Vindhyachal Range	Shri Rakesh Prakash Singh	digrmir@nic.in	9454402591
DGP Complaint Cell	DGP HQ Lucknow	digcomplaint-up@nic.in	0522-2208007
ADG Human Rights	Shri Raj Kumar	humanrightshq@nic.in	9454400120

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3. RTI & Information Commission

Since the local PIO remains silent, you must therefore file a First Appeal or move to the State Information Commission (SIC). (Illegal Detention in Uttar Pradesh)

• First Appellate Authority (Mirzapur Police): Generally the DIG/IG of the Range.
  • Email: digrmir@nic.in
• State Information Commission (SIC) Lucknow:
  • Web Link: UP RTI Online Portal
  • Address: 7/7A, Chini Bazar, Near Jawahar Bhawan, Lucknow, UP.
• UP Police CCTNS/IT Help: tshq@nic.in (For reporting technical RTI non-responsiveness).

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4. Human Rights & Legal Redress (Illegal Detention in Uttar Pradesh)

Illegal detention directly violates human rights. Consequently, you can lodge a formal complaint here:

Web Link: HRCNet Online Complaint

UP State Human Rights Commission (UPSHRC):

Address: 2, Vidhan Sabha Marg, Lucknow.

Email: hrcup@nic.in

NHRC (National) Toll-Free Helpline: 14433