Supreme Court on Installation of CCTV Cameras in Police Stations

 

Introduction

 

In the present case of Paramvir Singh Saini v. Baljit Singh & Others, SLP (Criminal) No. 3543/2020, vide Judgment dated 02.12.2020, it was directed that State Level Oversight Committees and District Level Oversight Committees should be setup to look after the installation of CCTV Cameras in the Police Cameras, its budgetary allocation, continuous monitoring, inspection, grievance redressal and review CCTV footage to check for any human rights violation that may have occurred but not reported.

 

Backdrop

 

In the judgment of Shafhi Mohammad v. State of Himachal Pradesh, (2018) 5 SCC 311, it was directed that a Central Oversight Body (COB) be setup by the Ministry of Home Affairs to implement the plan of action with respect to the use of videography in the crime scene during the investigation.

 

Later on, the Court issued notice to the Union of India on the question of audio-video recordings of Section 161 of the Code of Criminal Procedure (in short, “CrPC”) and installation of CCTV Cameras in Police Stations.

 

It has also been held in the Paramvir Singh Saini (supra) Judgment that the duty for the working, maintenance and recording of CCTVs shall vest with the SHO of the police station concerned and he shall coordinate with the District Level Oversight Committees in this regard. Such CCTVs are to be installed at: -

 

1. All entry and exit points of the Police Station;

 

2. Main gate of the Police Station;

 

3. All lock-ups, corridors, lobby/reception, verandas and outhouses;

 

4. Inspector, sub-inspector and duty officer’s room and areas outside the lock-up room;

 

5. Station Hall, in front of the Police Station Compound, outside washroom and toilets and back part of the Police Station.

 

The Court further directed that the CCTVs must have night vision, audio-video recording, continuous electricity supply and internet connections. Such recording is to be preserved for a period of 18 months and in any case, not below one year.

 

Taking a step further, it has also been directed that in case, there is complaint of force being used at the Police Stations resulting into serious injury or custodial death, then the persons are free to complaint for redressal of the same. In this regard, the Court also directed the state to setup Human Rights Court in each and every district of the country so that such Court can immediately summon CCTV footage as and when required. Further all the above-stated directions shall also be made applicable to the offices of: -

 

(i) Central Bureau of Investigation (CBI)

(ii) National Investigation Agency (NIA)

(iii) Enforcement Directorate (ED)

(iv) Narcotics Control Bureau (NCB)

(v) Department of Revenue Intelligence (DRI)

(vi) Serious Fraud Investigation Office (SFIO)

(vii) Any other agency which carries out interrogations and has the power of arrest.

 

Further, the Court also directed that all the police stations and the investigating agencies shall prominently display at the entrance and inside their campus about the coverage of the concerned premises by CCTV and also mention that a person has right to complain about human rights violations. The same has to be done by large posters in English, Hindi and Vernacular language.

 

Concluding Remarks

 

I think that it is one of the most important judgments of this decade by the Hon’ble Supreme Court of India. Its importance cannot be overstated since flagrant abuse of rights of the people is very common in the Police Stations across India.

 

Mandatory installation of CCTVs would ensure that the errant Police Officials are not able to get away without any consequences. What remains to be seen is the actual implementation of this Judgment by the concerned states and the Union of India.

 

A common plea that is taken in such matters by the State is that there are not enough funds to carry on such an exercise and implementation is something that cannot be done by the Courts. It is purely the domain of the executive/state. Nevertheless, such directions would increase the pressure upon the states and the Union to carry on this exercise as expeditiously as possible.

 

Further, this Judgment will have long term consequences in protecting the rights of the people as since this judgment has been pronounced by the Court, it is only a matter of time that it will be implemented. The State cannot get away for too long. During the time of Covid-19, we have seen countless uses of disproportionate force being used by the Police on the people of this country. With such directions in place, I hope that use of force at Police Stations will stop in the times to come.