“Not Inclined To Take A Stricter Action At This Stage” Supreme Court Grants Last Chance To Centre & States To Install CCTV Cameras In Police Stations Within 3 Months

The Supreme Court on April 18 granted three months’ time, "by way of last chance", to the Union of India and all the state governments/union territories to comply with its December, 2020 order to install CCTV cameras in all police stations and offices of investigative agencies, such as the CBI, the ED and the NIA, that conduct investigations and have the power of arrest. 

Stating that though the Court is "not inclined to take a stricter action at this stage", the Court directed all the state governments/union territories and Union of India to file their respective affidavits prior to 18.07.2023 stating therein that the compliance, in effect, has been made. The Court, however, made it clear that the Chief Secretary/Administrator of such of the state government/union territory which fails to comply with the directions and not file the required affidavit prior to 18.07.2023, shall personally remain present in the Court on the next date of hearing, to show cause as to why an action for committing contempt should not be taken against them

The Court also expressed that "It is disheartening to note that insofar as Union of India is concerned, out of seven investigating agencies no steps of sincere nature have been taken in case of four investigating agencies". The Court directed the Union of India also to comply with the aforesaid directions in respect of its agencies prior to the aforesaid date and file an affidavit of compliance, prior to 18.07.2023, adding that in case of failure on the part of the Union of India to do so, the Secretary (Home), Union of India, shall remain personally present before the Court on the next date of hearing, to show cause as to why an action for committing contempt should not be taken against them

On February 21, the Court had directed Centre, states and union territories to show the status of compliance with respect to its December, 2020 order where a bench headed by Justice R. F. Nariman had issued directives for installation of CCTV cameras to curb instances of custodial torture. On February 21, the Court had asked the appropriate governments to file their compliance reports within March 29.

When the matter came up on April 18, the bench of Justices B. R. Gavai and Vikram Nath noted Amicus Curiae Siddharth Dave's report giving details in a tabulated form about the affidavits filed by the Union of India, various state governments/union territories. "The Report would reveal that two Union Territories i.e. Union Territory of Andaman and Nicobar and Union Territory of Ladakh as well as the states of Mizoram and Goa have fully complied with the directions issued by this Court i.e. making budgetary allocations as well as actual installation of the CCTV cameras. However, insofar as Union of India and other 26 state governments/Union Territories are concerned, the Report would show that either there is non-compliance with both the aspects or non- compliance with one of them. In so far as states of Kerala, Rajasthan, Sikkim, Union Territory of Dadra and Nagar Haveli & Daman & Diu and Union Territory of Lakshadweep are concerned, they have not even filed the affidavits pointing out the present status. Vide our order dated 21.02.2023 we had specifically directed all the state governments as well as the Union Territories to file their respective affidavits prior to 29.03.2023, we had also warned that if such affidavits are not filed, we shall be constrained to take serious view of the matter", recorded the bench

The Court, however, further noted that insofar as the state of Rajasthan is concerned, Dr. Manish Singhvi, Additional Advocate General, submits that out of 892 police stations, CCTV cameras have actually been installed in 888 police stations; that in respect of Sikkim, the concerned counsel states that the CCTV cameras have been installed in all the 34 police stations; that as regards Telangana, it is stated that there is change in counsel and as such the orders could not be complied with; and that the counsel appearing for the Union Territory of Lakshadweep states that they have also filed the affidavit

"This is not an adversarial litigation. When this Court had issued directions, in order to maintain transparency at the police station and the officers of the investigating agencies, the Union of India and the state governments/Union Territories ought to have complied with the said directions", observed the bench

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