Anatomy of Administrative Evasion & Police: A Case Study in RTI Obstruction

The Right to Information (RTI) Act of 2005 envisioned a tool for transparency. However, in practice, public authorities often build a “wall of silence” through the administrative hierarchy. The Anatomy of Administrative Evasion is evident in a recent land dispute case. Police inquiries in Mirzapur, Uttar Pradesh, illustrate this perfectly. It shows how officials use subordinate offices as “scapegoats” to evade accountability for flawed investigations.

The Genesis: A Land Dispute That Reveals Police Evasion

The core of this legal battle involves Naresh Kumar Jaiswal and a dispute over Gata No. 203 in Village Bhatewara, Mirzapur. The land totals 0.2800 hectares. Records show that Ashok Kumar Jaiswal subjected this land to multiple sales between 2019 and 2021.

Consequently, the primary legal contention focuses on whether this land is ancestral and unpartitioned or self-acquired. Naresh claims that the property remains unpartitioned. Furthermore, he asserts that the accused’s statement to the police supports this claim. Nevertheless, the land records (Bhulekh) show a series of rapid transfers to third parties.(Anatomy of Administrative Evasion)

The Flawed Police Inquiry: Where Administrative Evasion Begins

Circle Officer (CO) Amar Bahadur conducted an investigation into these grievances in September 2025. Under standard investigative norms, a supervisory officer must verify the legal character of disputed property. Specifically, they should collect registered sale deeds and affidavits from the Sub-Registrar’s office.

However, the CO’s inquiry bypassed these essential steps. The CO did not incorporate the documentary evidence of the sale deeds and affidavits into the official case file. As a result, the investigation became structurally hollow. This “incompetence” laid the groundwork for the administrative evasion that followed during the RTI process.

The RTI Request: Seeking the Paper Trail Hidden by Police

Seeking to expose the gaps in the investigation, Naresh filed an RTI request on February 21, 2026. The request sought six specific points of information: (Anatomy of Administrative Evasion)

• First, he requested certified copies of sale deeds, affidavits, and No Objection Certificates (NOCs).
• Second, he asked for the complete investigation report by CO Amar Bahadur.
• Third, he sought the statement of the accused admitting the property is unpartitioned.
• Finally, he inquired about the status of the Challani report under Sections 126 and 135 of the BNSS.

The Scapegoat Tactic: How Police Administration Uses Hierarchy as a Shield

[cite_start]The response to this RTI revealsThe response to this RTI reveals a classic administrative manoeuvre. Neither the Public Information Officer (PIO) at the SP Office nor the APIO provided the documents themselves. Instead, they forwarded the entire application to the Chilh Police Station.O) issued a series of predictable denials:

• The station claimed that land records were “not related” to them.
• In addition, they stated that CO-level investigation reports were “not storable” at the station level.
• Furthermore, they noted that the judicial matter was pending in the SDM Court.

Senior police officers transferred the request to a subordinate office. This office never held the records in the first place. By doing so, they weaponised bureaucratic hierarchy. They used the lowest rank as a convenient shield against transparency and accountability. This is the anatomy of administrative evasion & police obstruction at its most calculated.

Legal Breaches: How Police Evasion Violates RTI Sections 6(3) and 7(1)

This tactic violates the RTI Act. Under Section 6(3), a PIO should only transfer a request if another public authority holds the subject matter. Since the Mirzapur Police conducted the investigation, the SP Office held “constructive possession” of those records. (Anatomy of Administrative Evasion)

Moreover, Section 7(1) requires the PIO to either provide the information or reject it with valid reasons. Simply “passing the buck” to a subordinate station constitutes a bad-faith obstruction of the applicant’s rights. This demands authorised oversight from the appellate authority.

The Escalation: First Appeal Against Police Administrative Evasion

On March 30, 2026, Naresh Kumar Jaiswal escalated the matter by filing a First Appeal. He filed the appeal with Aparna Rajat Kaushik, the SP of Mirzapur, who serves as the First Appellate Authority (FAA).

The appeal focuses on three critical arguments: (Anatomy of Administrative Evasion)

• First, it challenges the PIO’s decision to seek a “nil report” from a subordinate station. This report requests documents held at the CO level.
• Second, it highlights the CO’s failure to collect essential land deeds during the inquiry.
• Third, it demands that the SP Office acknowledge and release the investigation files shielded thus far.

The Road Ahead: Will Accountability Prevail Over Police Evasion?

The FAA now has 30 to 45 days to decide the matter. This case serves as a defining litmus test for the Mirzapur Police administration. Specifically, it will reveal whether the anatomy of administrative evasion & police hierarchy can withstand formal legal scrutiny. Will the Superintendent of Police uphold the spirit of the RTI Act by ordering the release of the CO’s files? Or will the administration allow the scapegoat strategy to stand unchallenged?

For citizens like Naresh, this battle is about more than paper. Ultimately, it is about ensuring that the police inquiry conforms to the law. It also aims to ensure that the administrative hierarchy cannot bury the truth about ancestral property rights.

Based on the uploaded documents and the confirmation of your recent filing, here are the structured details for the concerned public authorities and application identifiers:

Primary Application Identifiers (Anatomy of Administrative Evasion)

• Original RTI Registration Number: SPMZR/R/2026/60090.
• First Appeal Registration Number: SPMZR/A/2026/60023.
• Family Court Case Number: Criminal Misc. Case/915/2021 (Priyanka Jaiswal vs. Naresh Kumar Jaiswal).
• Police Inquiry Reference: Grievance Number 60000250184560.
• Revenue Record Reference: Khata Number 00004, Gata/Khasra Number 203.

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Public Information Officer (PIO) Details (Anatomy of Administrative Evasion)

The PIO handled the initial request and issued the response from the SP Office:

• Name: Manish Kumar Mishra.
• Designation: ASP Operation, Mirzapur.
• Mobile Number: 9473567333.
• Email Address: aspopmzp@gmail.com or addlspopmzr@gmail.com.

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First Appellate Authority (FAA) Details (Anatomy of Administrative Evasion)

The FAA is the senior officer now responsible for reviewing your appeal:

• Name: Aparna Rajat Kaushik.
• Designation: Superintendent of Police (SP), Mirzapur.
• Mobile Number: 9473567333.
• Email Address: spmzr-up@nic.in.

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Concerned Web Links and Portals (Anatomy of Administrative Evasion)

• RTI Status Tracking: rtionline.up.gov.in.
• Land Records (Bhulekh): upbhulekh.gov.in.
• Court Case Status: ecourts.gov.in (or the “eCourts Services” mobile app).

Would you like me to create a formal table? It will summarize the specific land transaction dates. I will also include area details for your upcoming appeal hearing.