Install CCTV Cameras In All Police Stations By March 31, Strictly Follow SOP On Dealing With Members Of Armed Forces: Orissa HC Tells Police

The Orissa High Court, while dealing with a suo moto PIL, has recently ordered the Government and the police authorities to install CCTV cameras in all police stations as well as police outposts across the State by the end of March, 2025.

After perusing the status report submitted by a senior police officer, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho directed –

“All the police stations and the police out-posts in the State of Odisha must be fully equipped with aptly placed and duly located CCTV cameras by 31.03.2025. Their integration with the Central Monitoring System (CMS) through Video Management System (VMS) must also be completed by the said date.”

Background of the Case

The matter pertains to illegal detention and alleged custodial torture meted out to an Army officer from 22 Sikh Regiment and to his female friend, a practising lawyer. The incident happened in between 02:00 AM to 07:00 AM on September 15, at Bharatpur police station in the capital city of Bhubaneswar.

Reportedly, the couple had gone to the police station to lodge a complaint against some culprits involved in a road rage case which occurred while they were on their way back to home on the same night. However, instead of registering the complaint, the police personnel allegedly started misbehaving and assaulting both the persons.

Later on, an FIR was lodged against them for commission of offences under Sections 126(2), 115(2), 296, 324(2), 118(1), 74, 132, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita (BNS). After being denied bail by a lower Court, the lady was granted bail by the High Court on September 18.

On September 17, a Single Bench of the Court had ordered treatment of the lady in the AIIMS, Bhubaneswar. During the hearing of the bail petition, Advocate General Pitambar Acharya assured the Court of fair inquiry in the case. He had also informed that the erring officials have been suspended pending the inquiry.

Subsequently, the Court took suo moto cognizance of the case after receiving a letter from Lieutenant General PS Shekhawat, General Officer Commanding & Colonel which urged the Chief Justice to take action.

In the course of hearing of the suo moto case, the Court had prohibited print, electronic media and even social media from disclosing the name or identity of the army official or his lawyer friend. It also barred the media to hint at any mark of identification which could potentially reveal their identities.

“We have intentionally not disclosed the names of the persons who visited the police station on 15^th so as to protect their dignity. We have noticed that their names and identities have been disclosed in the print, electronic and social media. We consider it proper, in the facts and circumstances of the case, to restrain all concerned from publishing names/identities of the concerned two persons, who had visited the police station on 15.09.2024, in either print, electronic or social media in any manner.” the Bench had ordered.

Pitambar Acharya, Advocate General had informed that three cases relating to and incidental to the matter had already been handed over to the Crime Branch for impartial investigation, which was being supervised by a senior IPS officer in the rank of Additional Director General of Police (ADGP). He had also apprised the Court about the appointment of a Judicial Commission of Inquiry headed by Justice (retd.) Chitta Ranjan Dash, pursuant to a high-level meeting held by the Government.

Though the Government had requested the High Court to monitor the probe but the Court had turned down such request stating that power and duty of an investigating agency to investigate into a cognizable offence is statutory and unless there are exceptional circumstances, the Courts should not interfere.

The Court, however, expressed resentment over non-installation of CCTV cameras in the police station for which the truth could not be uncovered, even though the entire incident unfolded within the four walls of the police station.

The Bench had reminded the State of the guidelines issued by the Supreme Court mandating installation of CCTV cameras in all police stations across the country. Pertinently, the top Court in Paramvir Singh Saini v. Baljit Singh & Ors. (2020) had ordered States/Union Territories to ensure installation of CCTV cameras inside all the police stations.

It had, thereafter, directed the Additional Director General (Modernization) to submit a report based on the information available at the headquarters as regards the availability of CCTV facilities in all the police stations of the State.

Pursuant to the above order, Mr. Dayal Gangwar, ADG (Modernization) filed a report on 08.10.2024 wherein he mentioned that out of 593 police stations in the State, in 456 police stations CCTV cameras were not functional. He further informed that with his intervention, CCTV cameras in all the police Stations of the State, except 13 had become functional and rest of the 13 police stations would also be equipped with CCTV cameras within 15 days.

The ADG had further filed another status report by way of an additional affidavit apprising the Court about the progress in installation of CCTV cameras.

Installation of CCTV Cameras

After going through the status report, the Court observed that the incident was truly shocking which revealed a situation where the two individuals who had gone to the police station to register a case stood implicated in a criminal case of attempt to murder the police personnel of the police station.

“Further, there is manifest administrative failure on the part of the State in not installing CCTV facilities in the police station, more so, in the capital of the State, which could have easily revealed the truth,” it added.

However, it appreciated the State and police officials for taking prompt steps realizing their fault. Expressing satisfaction over the measures adopted by the police department in swift installation of cameras, the Court observed –

“We have been informed that not only in the police stations, the work of installation of CCTV cameras in 95 police outposts has been taken up by Odisha Computer Application Center (OCAC) as on 11.11.2024. The OCAC has been asked by the State Government to complete the work of installation of CCTV cameras in the police outposts by 31.03.2025.”

Accordingly, it asked the authorities to ensure that all the police stations and the police out-posts are equipped with aptly placed and duly located CCTV cameras by 31.03.2025. It also mandated their integration with the Central Monitoring System (CMS) through Video Management System (VMS) by the said date.

SOP On Interaction Of Police With members of Armed Forces

During the course of hearing on September 23, the Court had expressed serious concern over the allegations of misbehaviour and assault on the Army Officer. It had, thus, asked the State to submit as to what steps have been taken to protect the dignity of members of Armed forces in case they approach police for any matter.

Pursuant to such order of the Court, the State Government prepared a Standard Operating Procedure (SOP) providing a slew of advisories and guidelines to the police officials in case of arrest and interaction with members of the Armed Forces in police stations. The following directions were issued to police officers:

“(1) Whenever any defence personnel either on duty or not, approaches any Police Officer inside the Police Station to lodge a complaint, the Police officer shall exhibit due courtesy to him so as to respect dignity of the Officer or defence personnel.

(2) Problems and grievances of the defence personnel shall be promptly attended to by the Police Officer and all required legal and logistic supports shall be extended to him as early as possible.

(3) If any defence personnel tender a written complaint, same shall be promptly attended to in accordance with the Law. Pro-active steps shall be taken by the Police Officer to mitigate his grievance.

(4) All necessary helps shall be provided in the filing of complaint.

(5) If the defence personnel make any oral information revealing commission of cognizable offence, without insisting for written report, the Police Officer shall forthwith reduce the information to writing and obtain signature of the complainant to initiate legal action into motion.”

Similarly, a set of procedures were laid down which are to be followed in case of arrest of officials of Armed Forces.

Taking into account the aforesaid steps, the Court directed the State Officials/police personnel to strictly follow the SOP formulated by the State Government. It also asked the State to duly publicise the same and to ensure that the police personnel are made aware of the provisions of the SOP. It also required the same to be circulated in all police stations and outposts in Odia language.

Accordingly, the suo moto case was disposed of.

Case Title: Registrar Judicial, Orissa High Court, Cuttack v. The State of Odisha & Ors.

Case No: Suo Motu W.P.(C) No. 23735 of 2024

Date of Order: December 23, 2024

Counsel for the Petitioner: Mr. Gautam Mishra, Senior Advocate (Amicus Curiae) assisted by Mr. A. Dash, Advocate

Counsel for the Respondents: Mr. Pitambar Acharya, Advocate General; Mr. Saswat Das, Addl. Govt. Advocate

Citation: 2024 LiveLaw (Ori) 99

Click Here To Read/Download Order