CCTV Installation In Police Stations A Matter Of Utmost Importance : SC Issues Strict Directions To States To Comply With Orders

The bench directed the States to make budgetary allocations within one month from March 2 for the purposes of complying with the court directions and to install the CCTVs within four months after that. In other words, States have been given 5 months from today to install CCTVs in police stations. For poll-bound states of West Bengal, Kerala, Tamil Nadu, Assam and the UT of Puducherry, time have been given more time.

The State of Uttar Pradesh has been given nine months time (3 months for budgetary allocation and 6 months for implementation) having regard to its vast territorial extent and huge number of police stations. Likewise, the State of Madhya Pradesh has been given 7 months time (1 month for budgetary allocation and 6 months for implementation).

The Court was extremely displeased with the affidavit submitted by the State of Bihar, which did not indicate any time-line. It gave Bihar 9 months to implement the directions "having regard to the complexity and size of the State".

The State of Maharashtra said that it will implement the orders by March 2021. But the bench observed that it was not sharing the optimism expressed by Maharashtra's standing counsel. It asked the concerned Secretary of the State to file an affidavit within 6 weeks stating the exact particulars as to what has been done police station-wise in the state.

The bench was also not happy with the affidavit of Jammu and Kashmir.

"So far as the Union Territory of Jammu and Kashmir is concerned, we may indicate that, unfortunately, nothing has beenindicated to show compliance either in letter or in spirit", it observed.

The Court also pulled up the Union Government for seeking more time regarding the installation of CCTV cameras in the offices of Central probe agencies such as CBI, NIA, NCB etc.

On December 2, 2020, a bench headed by Justice RF Nariman had issued directions to install CCTV cameras in all police stations across the country to check instances of custodial torture. The Central Government was directed to install CCTVs in the offices of Central Bureau of Investigation(CBI), National Investigation Agency(NIA), Enforcement Directorate(ED), Narcotics Control Bureau(NCB), Directorate of Revenue Intelligence(DRI), Serious Fraud Investigation Office(SFIO).

Expressing displeasure at the letter seeking adjournment, Justice Nariman told the Solicitor General Tushar Mehta, "We are getting a distinct impression that you are dragging your feet. What kind of letter you have circulated?"

The Solicitor General replied that adjournment was sought having regard to the 'ramifications' of the order.

"What ramifications? We are not concerned about the ramifications", Justice Nariman shot back. "This concerns the rights of the citizens. This concerns the rights of citizenry under Article 21 of the Constitution. We are not accepting the excuses given in the letter", the judge added.

Following this, the Solicitor General requested the bench to ignore the letter seeking adjournment.

The SG submitted that funds allocation for CCTVs are to be made by the State Government. Then Justice Nariman invited SG's attention to paragraph 19 of the December 2, 2019 order, which had two parts - one was regarding the constitution of a Central Oversight Body and second was regarding CCTVs installation in central agencies.

"You tell us the funds that are allotted", Justice Nariman told the SG.

The SG requested for ten days time to file an affidavit responding to the query of the court.

The directions for CCTV installation were passed by a bench comprising Justices RF Nariman, KM Joseph and Aniruddha Bose in the case Paramvir Singh Saini v Baljit Singh.

"As most of these agencies carry out interrogation in their office(s), CCTVs shall be compulsorily installed in all offices where such interrogation and holding of accused takes place in the same manner as it would in a police station.", the bench had held.

As per the directions, CCTV cameras are to 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.,

CTV systems that have to be installed must be equipped with night vision and must necessarily consist of audio as well as video footage.

The Court also clarified that victims of custodial torture will have the right to seek the CCTV footage of interrogation by police agencies.

"A person has a right to complain about human rights violations to the National/State Human Rights Commission, Human Rights Court or the Superintendent of Police or any other authority empowered to take cognizance of an offence. It shall further mention that CCTV footage is preserved for a certain minimum time period, which shall not be less than six months, and the victim has a right to have the same secured in the event of violation of his human rights."