The blog post highlights a significant legal and human rights struggle involving police accountability and the rights of the individual.

Here are the key takeaways:

• Allegation of Illegal Detention: The core of the matter is the arrest of Pramod Kumar Kushwaha under Section 170 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) (formerly Section 151 CrPC). The complainant argues the arrest was an “abuse of power” and lacked legal justification.
• Constitutional Violations: The case underscores a breach of Articles 21 and 22 of the Indian Constitution, which protect personal liberty and provide safeguards against arbitrary arrest.
• Right to Compensation: A critical point is the invocation of a September 2021 Government Circular. Following Allahabad High Court directives, individuals illegally detained under preventive sections are entitled to Rs. 25,000 in compensation and the responsible officers must face disciplinary action.
• Administrative Failure: The post critiques the “apathy” of senior officials (SSP and Additional SP) for submitting inconsistent reports and failing to address the specific grievances of the citizen, labeling it a “mockery of the law.
• Systemic Issue: The narrative suggests that human rights violations by local police are “rampant” in the state, and government guidelines are often ignored at the district level, undermining democratic values.
• UPHRC Intervention: By filing with the UP Human Rights Commission (Diary No. 2149/IN/2025), the complainant is seeking a formal intervention to enforce accountability and secure the mandated financial redress.

The Fight for Justice: Illegal Detention and the Quest for Accountability in Uttar Pradesh

In the heart of Mirzapur, Uttar Pradesh, a legal battle is unfolding that highlights the thin line between law enforcement and the abuse of power. Mahima Maurya, a resident of Village Gorsar Sarpati, has taken a stand against what she describes as the “mockery of the law of the land.” Her complaint to the Uttar Pradesh Human Rights Commission (UPHRC), filed under diary number 2149/IN/2025, serves as a stark reminder of the challenges citizens face when the machinery meant to protect them becomes an instrument of harassment.

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The Incident: A Breach of Personal Liberty

On September 14, 2024, Pramod Kumar Kushwaha was detained by the Mirzapur police. While the police cited preventive measures under Section 170 of the Bhartiya Nagarik Suraksha Sanhita (BNSS)—formerly Section 151 of the Criminal Procedure Code (CrPC)—the circumstances of the arrest paint a different picture.

According to the complaint, Pramod was arrested at the residence of Mithilesh Maurya in District Prayagraj. The arrest was justified by local authorities on the grounds that an “unpleasant incident” would have occurred otherwise. However, Mahima Maurya argues that this detention was not only unnecessary but fundamentally illegal, violating the core constitutional rights of her husband.

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Constitutional Safeguards vs. Ground Reality

The case hinges on two pivotal articles of the Constitution of India that serve as the bedrock of Indian democracy:

• Article 21: Guarantees the right to life and personal liberty. It mandates that no person shall be deprived of their liberty except according to a procedure established by law.
• Article 22: Provides protection against arbitrary arrest and detention, ensuring that individuals are informed of the grounds of their arrest and allowed legal representation.

When police use preventive detention laws like Section 170 BNSS (formerly 151 CrPC) as a tool for “arbitrary restraint,” they bypass these constitutional safeguards. In Mahima’s view, the detention was an “abuse of power” intended to intimidate rather than prevent actual crime.

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The Landmark Mandate: Compensation for Illegal Detention

One of the most significant aspects of this case is the demand for a specific compensation of Rs. 25,000. This is not an arbitrary figure. In a landmark directive issued on September 9, 2021, following orders from the Allahabad High Court, the Uttar Pradesh government established clear guidelines:

1. Financial Redress: Any individual found to be illegally detained under Sections 107/116/151 (now relevant sections of BNSS) is entitled to Rs. 25,000 in compensation.
2. Accountability: Disciplinary action must be taken against the officer responsible for the illegal detention.

Despite this clear government circular, Mahima Maurya alleges that the Mirzapur police and the District Administration have ignored these mandates. Her petition highlights a “rampant” violation of human rights where local police disregard the directives of both the High Court and the Director General of Police.

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A Critique of Administrative Apathy

A major portion of the complaint is directed at the “insensitive public staff” and the “arbitrary and inconsistent reports” submitted by senior police officials. Mahima points out a recurring issue in Indian bureaucracy: rubber-stamping.

She questions how a Senior Superintendent of Police (SSP) or an Additional SP can submit reports that do not address the core facts of the grievance. Her critique is sharp: “What is the need of such officers who put the signature on the papers prepared by the subordinates by keeping their eyes and ears closed?” This apathy, she argues, leads to a state of “anarchy and lawlessness” where the grievances of the common citizen are buried under technicalities and internal police loyalty.

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The Shift from CrPC to BNSS: New Names, Old Problems?

The case also highlights the transition in India’s legal landscape. The arrest occurred under the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the old Criminal Procedure Code (CrPC).

While the names of the laws have changed—Section 151 CrPC is now Section 170 BNSS—the complaint suggests that the systemic issues of police overreach remain. The power to arrest to prevent “cognizable offenses” is often used as a “catch-all” to detain individuals without the immediate need for a warrant or a formal FIR, leading to the “false imprisonment” Mahima Maurya is now fighting against.

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The Road Ahead: Seeking Human Rights Intervention

By moving the Uttar Pradesh Human Rights Commission, Mahima Maurya is seeking more than just money; she is seeking a precedent. Her demands are clear:

• Direct the Mirzapur police to pay the mandated Rs. 25,000 compensation.
• Initiate a fair investigation into the “arbitrary” reports filed by the Additional SP.
• Ensure that the guidelines issued by the Allahabad High Court are followed in spirit, not just on paper.

Conclusion: A Call for Good Governance

The case of Pramod Kumar Kushwaha is a microcosm of a larger struggle for human rights in India. When the police act as the judge, jury, and executioner through illegal detention, it erodes the public’s confidence in the state.

For a “prosperous democracy,” there must be a consequence for the misuse of authority. As Mahima Maurya’s petition moves through the Commission, it stands as a testament to the courage of an individual standing up against a system that has, in this instance, failed to uphold the law of the land.

Based on the details provided in your complaint and the official structure of the Uttar Pradesh government, here are the contact details for the concerned public authorities.

1. Uttar Pradesh Human Rights Commission (UPHRC)

This is the primary body where your complaint (Diary No. 2149/IN/2025) is currently lodged.

• Address: TC-34 V-1, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh – 226010¹
• Phone (Office): 0522-2726742 / 0522-2726743
• Email: uphrc@nic.in
• Website: uphrc.up.nic.in
• Application Tracking: You can track your diary number via the “Complaint Status” section on their official portal.

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2. Mirzapur District Police (Responsible Authority)

Since the incident occurred in Mirzapur and involves the Mirzapur Police, these are the key officers responsible for the reports mentioned in your grievance.

Office	Designation	Mobile/Phone	Email
S.P. Mirzapur	Superintendent of Police	9454400299	spmzp-up@nic.in
A.S.P. City	Addl. Superintendent	9454401097	aspcitymzp-up@nic.in
Police Station	Vindhyachal (Concerned)	9454403932	–

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3. Chief Minister’s Office (Jansunwai/IGRS)

Since you mentioned that the CM office has not yet addressed the contents of your grievance, you can escalate the matter through the Integrated Grievance Redressal System (IGRS).

• Portal Name: Jansunwai-Samadhan²
• Web Link: jansunwai.up.nic.in
• Helpline Number: 1076 (CM Helpline)³
• Mobile App: “Jansunwai” (Available on Android/iOS)⁴

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4. Director General of Police (DGP) Headquarters

To address the violation of the September 9, 2021 circular regarding compensation.

• Address: 1-Tilak Marg, Lucknow, Uttar Pradesh
• DGP Control Room: 0522-2206174
• Email: dgpup@nic.in
• Web Link: uppolice.gov.in

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Summary of Your Case IDs

• UPHRC Diary Number: 2149/IN/2025
• Incident Date: 14/09/2024
• Claim Amount: ₹25,000 (As per Govt. Circular dated 09/09/2021)

Would you like me to draft a formal reminder letter to the Superintendent of Police, Mirzapur, specifically citing the 2021 circular for the compensation claim?