Ensure 18-Month Data Storage For CCTV Cameras In Police Stations: Jharkhand High Court Directs State

Justice Sanjay Kumar Dwivedi directed,

“the State of Jharkhand and the Director General of Police, Jharkhand are directed to ensure that CCTV cameras are installed in each and every police station. It shall be also ensured that no part of a Police Station is left uncovered and it must be installed at all entry and exit points, main gate of the police station, all lock-ups; all corridors; lobby / the reception area, all verandas / outhouses, Inspector's room, Sub- Inspector's room, areas outside the lock-up room; station hall, in front of the police station compound, outside (not inside) washrooms/toilets, Duty Officer’s room, back part of the police station etc. and this shall be complied within three months from the date of receipt / production of a copy of this order. The State of Jharkhand and the Director General of Police, Jharkhand shall ensure that equipment installed must be able to the store data for 18 months.”

Prior to issuing this directive, the court noted that a previous order from July 11, 2023, had instructed the Director General of Police, Jharkhand, to preserve CCTV footage from Bankmore Police Station starting from May 31, 2023, to June 1, 2023, and produce it to the court in a sealed cover.

The court observed that the Director General of Police, Jharkhand, had submitted a personal affidavit stating that the CCTV footage from the 12 cameras at Bankmore Police Station for May 31, 2023, and June 1, 2023, was unavailable in the DVR memory as it could only store video footage for ten days. Consequently, no CCTV footage could be obtained for these dates. This fact was supported by statements made in counter-affidavits.

While finding it perplexing that only two dates' CCTV footage could not be retrieved by the police, the Court said, “It is strange that how the CCTV footage of only two dates were not found by the police, further question remains that in a place like Dhanbad in the State of Jharkhand, where the crime rate is very high, why such action is not taken by the Head of the Police Department as well as the Government of Jharkhand so that proper CCTV maintenance should be there.”

“The direction to this effect has already been issued by the Hon’ble Supreme court to all the States as well as the Union Territory Governments, as has been referred hereinabove in the case of Paramvir Singh Saini (Supra) and that order is of the year 2021, in spite of that no action has been taken to comply the said direction of the Hon’ble Supreme Court by the State of Jharkhand as yet,” it added.

The above directions came in a petition has been filed for quashing of the entire criminal proceedings including the First Information Report registered for the offence under Sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Dhanbad. The case was related to a dispute over the purchase of flats and a loan, and the allegations in the case also related to alleged dishonor of cheque.

Counsels For the Petitioners : Mr. Indrajit Sinha, Advocate. : Mr. Ajay Kumar Sah, Advocate. : Mr. Rishav Kumar, Advocate.

Counsels For the State : Mr. Binit Chandra, A.C. to A.A.G.-III.

Counsels For the Resp. No. 5 : Mr. Nilesh Kumar, Advocate. : Mr. Amit Kumar Sinha, Advocate. : Ms Sonal Sodhani, Advocate.

Counsels For the UOI : Mr. N. Parth Sarthi, A.C. to A.S.G.I.

LL Citation: 2023 LiveLaw (Jha) 51

Case Title: Propertymen Realty Pvt. Ltd and Ors. vs. The State of Jharkhand & Ors.

Case No.: W.P.(Cr.) No. 402 of 2023

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