Supreme Court Issues Strict Directions To Install Cctvs In All Police Stations In A Timely Manner; Expresses Displeasure Over Lack Of Compliance By Union Government, State Governments And UTs

KEY TAKEAWAYS

• This decision is in relation to the case Paramvir Singh Saini v. Baljit Singh.
• The Supreme Court expressed disappointment and displeasure at the non compliance of the Central Government- to whom orders were directed to install CCTVs in the agencies that carry out interrogations and have the power of arrest. "Our orders should have been followed in letter and spirit", the Court observed.
• The Bench of Justices Rohinton Fali Nariman, BR Gavai and Hrishikesh Roy emphasized that it is a matter of utmost importance that concerns the citizens under Article 21 of the Constitution of India.
• “CCTV systems must be equipped with night vision and must necessarily consist of audio as well as video footage. Most important of all is the storage of CCTV camera footage which can be done in digital video recorders and/or network video recorders,” the Bench reiterated.
• Union government is granted three weeks to file an affidavit stating an amount that is required for the project, and the time required to finish the same.

INTRODUCTION

The Supreme Court on Tuesday reprimanded the Centre and numerous states for their "lackadaisical" approach and non compliance of orders to install CCTV cameras in all police stations to help put a stop to custodial torture and also accused them of showing “complete disregard to the fundamental rights of citizens and the SC’s order.” The Bench issued strict orders regarding the same, instructing all State governments to implement the order passed in December 2020, and install CCTVs in all police stations in a timely manner. “We are not accepting the excuses given in the letter. It gives an impression that you are dragging your feet. Tell us what funds have been allocated for the purpose,” the Bench declared, dismissing Solicitor General Tushar Mehta's request for an adjournment of the hearing. SG Tushar Mehta has asked for time, and the Court has granted the Union Government three (3) weeks to implement the same order.

BACKGROUND

On 3rd December 2020, the Apex Court instructed all State Governments and Union Territories to ensure that CCTVs that are equipped with night vision be installed in each and every police station, and enforcement agencies with the authority to arrest, and conduct investigations, such as the Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), Narcotics Control Bureau (NCB), Department of Revenue Intelligence (DRI), Serious Fraud Investigation Office (SFIO). Justice Rohinton Fali Nariman contended that it was of utmost importance to ensure that CCTVs were installed at every entry and exit points, corridors, main gates, lobbies and outside the washrooms, and in the general areas outside the compound, the cells/lock up rooms, as well as in every room within the station.
“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 stated. The Bench also directed the State Level Oversight Committee (SLOC) to ensure that all enforcement agencies must display a notice informing people about the coverage of the CCTVs. Such display must also mention their right to complaint about violation of human rights to any authority that can take cognizance of the offence, as well as the fact that the footage from the same CCTVs will only be preserved for a time period of six (6) months or less, and the victim can secure the footage, in case of the violation of his human rights.
The Court also asked for a compliance report within six weeks from the Principal Secretary, Cabinet Secretary, Home Secretary of each State/Union Territory, containing a firm plan of action, along with the exact timelines of their compliance of the Bench's orders.

WHAT'S HAPPENING NOW?

“Paragraph 19 of our order dated 02.12.2020 has not yet been followed,” the Court expressed, when Solicitor General Tushar Mehta sought for an adjournment. The Bench disapproved the adjournment, stating that there is no justification in asking one again. The Court expressed displeasure in the Court's work, or rather, the lack of work, in implementing the Court's direct orders "in letter and spirit." The Bench directed all the State governments and Union Territories to allocate funds within one (1) month, and finish the process within four (4) months. The Court drilled it's displeasure with such non compliance more on the Bihar and Telangana Government, expressing their displeasure with the affidavit. “You are playing with our order. We are giving you one last chance. Please tell your secretary concerned to proceed in right earnest or else we will initiate contempt proceedings against him. We are most displeased with the affidavit. It shows complete lack of any regard to citizens’ fundamental rights and to our orders,” the Court stated, referring to the affidavit filed by the Bihar Government which does not mention the amount of funds that had to be allocated, or any timeline, and granted a total of nine (9) months to implement the orders.
The Bench took into consideration the large geographical area of Uttar Pradesh and granted the place six months to implement orders, after the allocation of budget- which is a process of 3 months- takes place, and for the administrative exigencies in poll-bound states of Assam, West Bengal, Tamil Nadu and Kerala, the Bench gave these states time till end of the year to install CCTV cameras in all police stations and enforcement agencies.

CONCLUSION

The Court mentioned that the CCTV systems must be equipped with night vision, and also mentioned that the same must consist of audio as well as video footage. The Court also cleared the air about the victims of custodial torture, and stated that they will have the right to seek the CCTV footage of interrogation by police, or the enforcement agencies, by stating- "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." Many people are questioning the Court's decision asking who will oversee the implementation of these proceedings, and who will monitor the compliance with the order, and if there is any deadline set for the same. The lazy approach of the Union and State governments in this matter can act as a reason for the shaking confidence in the judicial system of this country.

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