🚨Mirzapur Police & RTI Abuses: A Case Against Denial and Dereliction of Duty in Mirzapur Police

Mirzapur Police & RTI Abuses: The Fight for Transparency in Lalganj Police Station

The Right to Information (RTI) Act, 2005, is the backbone of India’s commitment to transparency and accountability. Nonetheless, Mr. Shivam Gupta of Mirzapur discusses a key problem. Mirzapur Police and RTI abuses continue to undermine the spirit of the Act. The Act mandates fundamental duties for the Public Information Officer (PIO). It also sets obligations for the First Appellate Authority (FAA). These duties are often deliberately undermined.

Mr. Gupta filed a petition with the Superintendent of Police Office, Mirzapur. He is seeking critical information about Police Station Lalganj (RTI Application No. SPMZR/R/2025/60207). His goal was clear: to promote transparency by seeking operational and financial details. The later handling of his inquiry and the ensuing First Appeal (No. SPMZR/A/2025/60041) constituted a systematic failure, forcing him to file a Second Appeal (Registration No. A-20251101099) with the Uttar Pradesh Information Commission.

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The Core Deficiencies: Incomplete and Misleading Replies

The PIO, Mr. Manish Kumar Mishra (ASP Operation), and the FAA, Mr. Somen Verma (Superintendent of Police), did not give full, precise information, resorting instead to evasive and unlawful denials.

1. Incomplete Information on Personnel

For Point 3, about Sub-Inspectors and Chowki In-charges, the department provided only partial data. (Mirzapur Police & RTI Abuses)

• The Deficiency: The PIO neglected to give the specific date of joining at Police Station Lalganj. The PIO also did not give the official mobile numbers of the officers.

While posting names meets the least need, omitting the date of joining is problematic. The date of joining is crucial. It addresses the appellant’s concern about the long-term nexus between staff and local mafias. Without it, the reply is incomplete and non-responsive. The official contact details of public servants are also generally held to be disclosable public information.

2. The Unlawful Denial of Posting Records

The most egregious breach concerned Point 4. It sought the name and date of joining for all Police Constables posted at Lalganj Police Station. This also included its connected chowkis. (Mirzapur Police & RTI Abuses)

• The PIO’s Reply: “थाना स्थानीय से देय नहीं है” (Information is not payable/available from the local police station).
• The Legal Violation: This is a blanket denial. It is unsupported by any valid exemption under Section 8 or 9 of the RTI Act. The service records, particularly posting details, of a public servant are quintessential public information. Denying access to this information on the vague ground of “not available” from the local station. This action attempts to shield basic operational data. This limits public scrutiny. It promotes opacity and makes accountability impossible.

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⚖️ The Critical Failure: Dereliction of Statutory Duty (Section 6(3))

The PIO’s response to the financial queries (Points 5 and 6) reveals a fundamental misunderstanding. Worse, it shows a deliberate disregard for a core mandate of the RTI Act: Section 6(3).

Section 6(3) is a remedial provision. It explains a specific procedure. If a PIO gets an RTI application about information held by another Public Authority, they must transfer it. They should make sure it reaches the correct one. The PIO must transfer it. They should transfer it to the correct authority. (Mirzapur Police & RTI Abuses)

If the PIO receives such an application, they must transfer it to the correct authority. The PIO must send RTI applications about another Public Authority’s information to the right office. They should send it to the correct authority. The PIO should transfer it to the correct one. The application must go to the correct authority.

If a PIO receives such an application, they must transfer it to the appropriate authority. Doing so ensures efficiency and proper handling. The PIO must transfer the application to the correct authority. They must also promptly inform the applicant. This ensures that the citizen does not face penalties. They do not suffer consequences for addressing the application to the wrong office within the labyrinth of government bureaucracy.

Financial Queries and the Failure to Transfer: (Mirzapur Police & RTI Abuses)

• Point 5 (Painting/Whitewashing Funds): The reply stated, “थाना स्थानीय से संबंधित नहीं है” (Not related to the local police station).
• Point 6 (Electricity bills): The reply stated, “बिजली का बिल थाना स्थानीय के अभिलेखों में अंकित नहीं है” (Electricity bills are not recorded in the records. The local police station does not have them.).

These statements confirm that the information is not held at the Police Station level. It is undoubtedly held at a higher formation. It is the District Police Lines, the Accounts Section, or the SP Office’s administrative wing.

The PIO’s obligation at this point was clear: transfer the application to the concerned office holding the accounts and records. The PIO simply denied the information. This act committed a statutory violation under Section 6(3). It resulted in a wrongful denial of information to the appellant.

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The FAA’s Role: Upholding the Flawed Decision (Mirzapur Police & RTI Abuses)

The FAA (Mr Somen Verma) had the statutory opportunity. This opportunity was to correct these errors. The appellant filed the First Appeal on September 20, 2025.

• The appeal clearly highlighted the PIO’s unlawful denial for Police Constable details (Point 4).
• The appeal pointed out the PIO’s failure to transfer the application for financial records (Points 5 & 6).

The FAA disposed of the appeal on October 23, 2025. It provided an unsatisfactory answer. By doing so, the FAA essentially ratified the PIO’s incomplete replies and statutory failures. This further compounded the denial of justice and forced the appellant, Mr. Shivam Gupta, to seek redress from the State Information Commission.

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🎯 Prayer: A Demand for Penalty and Accountability (Mirzapur Police & RTI Abuses)

The Second Appeal to the U.P. Information Commission is not just about obtaining the requested six points of information. It is a critical demand for the Commission to exercise its punitive and remedial powers to:

1. Direct Immediate Disclosure: Order the provision of full information. This includes posting dates, official numbers, and transferred financial records. Supply this information free of cost (Section 7(6)).
2. Impose Penalty (Section 20(1)): The authorities must impose a penalty on PIO Mr Manish Kumar Mishra. He clearly and willfully failed to discharge his duty. He failed to transfer the application under Section 6(3) and unlawfully denied information under Point 4.
3. Recommend Disciplinary Action (Section 20(2)): Recommend taking action against both the PIO and the FAA. Their actions have undermined the RTI Act’s core democratic purpose. This behaviour promotes the very anarchy and chaos the appellant sought to counter.

This case is a stark reminder that the PIO is not a post office, but a crucial regulatory node. Their failure to act diligently causes opacity. It discourages citizens from using the RTI Act. Ultimately, this damages public confidence in the administration of justice and governance. The Hon’ble Commission must intervene to guarantee that transparency is not merely a formality but a mandatory operational standard.

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