Dysfunctional CCTV Cameras : A Very Common Defence Taken By The Police

BACKGROUND

• The petition at hand was filed by the petitioner stating that he had been unlawfully detained by the police.
• The petitioner stated that he along with his friends had gone to Sair Sapata in Bhopal where he was unlawfully picked up by the police, and detained for two days.
• When the family of the petitioner got to know about his arrest, they visited the police station.
• On their visit they were informed that he will be released in some time.
• An FIR was registered against the applicant where it was stated that he was arrested upon source information and drugs which were seized from him.
• The applicant then moved an application before the Special Judge NDPS stating that the CCTV footage from 22nd Feb’21 to 24th Feb’21 of the Police Station should be checked.

WHAT DID THE COURT SAY

• The judge directed for the CCTV footage of the respective days to be produced before him.
• Further, on the day of the hearing, it was submitted by the prosecutor that the footage cannot be produced as it would end up revealing the identity of the informant.
• However, the police stated that the footage cannot be produced as the CCTV cameras haven’t been working since 17th of Feb’21.
• The contradiction in both the statements is very surprising.
• As per the statement of the prosecutor, it can easily be concluded that the cameras were working which is why there was a chance that the identity of the informant would be disclosed.
• The court said that this petition discloses a very crucial issue of misuse of power by the Police and taking the defence of dysfunctional CCTV cameras.
• The court also stated that this defence of improper functioning of the cameras by the police in the cases of unlawful detention enables the police to act with impunity and is against human rights and the personal liberty of an individual.
• For the present case, the court asked the DIG of Bhopal along with the Superintendent of Police, South Bhopal to attend the next hearing of the case via video conferencing.
• The court has also asked them to have an explanation regarding the CCTV cameras being dysfunctional since 17th Feb’21 and whether the concerned authorities were informed about it, and if they were then what action was taken.
• The next hearing of the case is supposed to be on 14th of June’21.

Do you think that police often misuse their power and illegally detain someone, and in their defence claim that CCTV cameras of the police station have been dysfunctional? What do you think can be done to stop such abuse of power?