Installation and Recording of CCTV camera’s mandatory in interrogation rooms of any authority to protect the victim from any violation of Human rights. – Supreme Court of India
The Supreme Court in one of the recent judgments has held that in case a victim during an interrogation by any of the agencies like Police, CBI, NIA, ED etc., has a right to obtain the CCTV footage if there is any human right violation faced by the victim. The victim can approach the National/State Human Rights Commission, Superintendent of Police or Human Rights Courts. Further every interrogation room should have CCTV’s installed. The Supreme Court in order to protect the human rights have laid down serious measures in the case of Paramvir Singh Saini v. Baljit Singh &amp; Ors., SLP (Criminal) No. 3543 of 2020. The Supreme Court issued the directives while disposing the Special Leve Petition filed by Paramvir Singh, in which the issue of audio-video recordings and installation of CCTV’s in places of interrogation and other relevant places was raised. The Court while giving directives referred to the case of Shafhi Mohammad v. State of Himachal Pradesh, (2018) 5 SCC 311, where the court had issued similar set of directives but it has been more than 2 years and there have been no steps taken to implement the directives. The court further stated that the right to report violation of human right is a fundamental right under Article 21 of the Constitution and hence the provision of recordings and CCTV has to be available on an urgent basis.
IN THE CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITIONNO.35420 PARAMVIR SINGH SAINI BALJIT SINGH & OTHERS R.F. Nariman J. ...RESPONDENTS 1. We have heard Shri K.K. Venugopal learned Attorney General for India Ms. Madhvi Divan learned Addl. Solicitor General of India Shri Siddhartha Dave learned Senior Advocate Ms. Nitya Ramakrishnan learned counsel appearing on behalf of the intervenor and the learned counsel appearing on behalf of the respective States and Union 2. This Court vide Order dated 03.04.2018 in SLP No. 2302 of 2017 reported as Shafhi Mohammad v. State of Himachal Pradesh5 SCC 311 directed that a Central Oversight Body hereinafter referred to as the “COB”) be set up by the Ministry of Home Affairs to implement the plan of action with respect to the use of videography in the crime scene during the investigation. This Court while considering the directions issued in D.K. Basu Vs. State of West Bengal & Others8 SCC 744 held that there was a need for further directions that in every State an oversight mechanism be created whereby an independent committee can study the CCTV camera footages and periodically publish a report of its observations thereon. The COB was further directed to issue appropriate instructions in this regard at the earliest. 3. This Court further directed that the COB may issue appropriate directions from time to time so as to ensure that use of videography becomes a reality in a phased manner the first phase of which be implemented by 15.07.2018. The crime scene videography ought to be introduced at least at some places as per viability and priority determined by the COB. 4. Pursuant to the aforesaid directions a COB was constituted by the Ministry of Home Affairs on 09.05.2018 to oversee the implementation of the use of photography and videography in the crime scene by the State Union Territory Government and other Central Agencies to suggest the possibility of setting up a Central Server for implementation of videography and to issue appropriate directions so as to ensure that use of videography becomes a reality in a phased manner. Accordingly directions were the Administrators of the Union Territory State Governments and other Central Agencies for effective implementation of the use of photography and videography at the crime scenes and to furnish an Action Taken Report on the implementation of the use of videography in the crime scene. 5. This Court vide Order dated 16.07.2020 issued notice in the instant Special Leave Petition to the Ministry of Home Affairs on the question of audio video recordings of Section 161 CrPC statements as is provided by Section 161proviso as well as the larger question as to installation of CCTV cameras in police stations generally. While issuing notice this Court also took note of the directions in Shafhi Mohammadnamely West Bengal Chhattisgarh Tamil Nadu Punjab Nagaland Karnataka Tripura Uttar Pradesh Assam Sikkim Mizoram Madhya Pradesh Meghalaya Manipur and 2 Union Territories namely Andaman & Nicobar Islands and Puducherry. 8. The majority of the Compliance Affidavits and Action Taken Reports fail to disclose the exact position of CCTV cameras qua each Police Station. The affidavits are bereft of details with respect to the total number of Police Stations functioning in the respective State and Union Territory total number of CCTV cameras installed in each and every Police Station the positioning of the CCTV cameras already installed working condition of the CCTV cameras whether the CCTV cameras have a recording facility if yes then for how many days hours have not been disclosed. Further the position qua constitution of Oversight Committees in accordance with the Order dated 03.04.2018 and or details with respect to the Oversight Committees already constituted in the respective States and Union Territory have also not been disclosed. 9. Compliance affidavits by all the States and Union Territories are to be filed as has been stated earlier by either the Principal Secretary of the State or the Secretary Home Department of the States Union Territories. This is to be done by all the States and Union Territories including those who have filed so called compliance affidavits till date stating the details mentioned in paragraph 8 of this Order. These affidavits are to be filed within a period of six weeks from today. 10. So far as constitution of Oversight Committees in accordance with our Order dated 03.04.2018 is concerned this should be done at the State and District levels. The State Level Oversight Committee hereinafter referred to as the “SLOC”) must consist of: i) The Secretary Additional Secretary Home Department ii) Secretary Additional Secretary Finance Department iii) The Director General Inspector General of Police and iv) The Chairperson member of the State Women’s Commission. 11. So far as the District Level Oversight Committeeis concerned this should comprise of: i) The Divisional Commissioner Commissioner of Divisions Regional Commissioner Revenue Commissioner Division of the Districtii) The District Magistrate of the District iii) A Superintendent of Police of that District and iv) A mayor of a municipality within the District a Head of the Zilla Panchayat in rural areas. 12. It shall be the duty of the SLOC to see that the directions passed by this Court are carried out. Amongst others the duties shall consist of: a) Purchase distribution and installation of CCTVs and its equipment b) Obtaining the budgetary allocation for the same c) Continuous monitoring of maintenance and upkeep of CCTVs and its equipment d) Carrying out inspections and addressing the grievances received from the DLOC and e) To call for monthly reports from the DLOC and immediately address any concerns like faulty equipment. Likewise the DLOC shall have the following obligations: a) Supervision maintenance and upkeep of CCTVs and its equipment its equipment b) Continuous monitoring of maintenance and upkeep of CCTVs and c) To interact with the Station House Officeras to the functioning and maintenance of CCTVs and d) To send monthly reports to the SLOC about the functioning of its equipment and CCTVs and allied equipment. e) To review footage stored from CCTVs in the various Police Stations to check for any human rights violation that may have occurred but are not reported. 13. It is obvious that none of this can be done without allocation of adequate funds for the same which must be done by the States’ Union Territories’ Finance Departments at the very earliest. 14. The duty and responsibility for the working maintenance and recording of CCTVs shall be that of the SHO of the police station concerned. It shall be the duty and obligation of the SHO to immediately report to the DLOC any fault with the equipment or malfunctioning of CCTVs. If the CCTVs are not functioning in a particular police station the concerned SHO shall inform the DLOC of the arrest interrogations carried out in that police station during the said period and forward the said record to the DLOC. If the concerned SHO has reported malfunctioning or non functioning of CCTVs of a particular Police Station the DLOC shall immediately request the SLOC for repair and purchase of the equipment which shall be done immediately. 15. The Director General Inspector General of Police of each State and Union Territory should issue directions to the person in charge of a Police Station to entrust the SHO of the concerned Police Station with the responsibility of assessing the working condition of the CCTV cameras installed in the police station and also to take corrective action to restore the functioning of all non functional CCTV cameras. The SHO should also be made responsible for CCTV data maintenance backup of data fault rectification etc. 16. The State and Union Territory Governments should ensure that CCTV cameras are installed in each and every Police Station functioning in the respective State and or Union Territory. Further in order to ensure that no part of a Police Station is left uncovered it is imperative to ensure that CCTV cameras are 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 the police compound outside washrooms toilets Duty Officer’s room back part of the police station 17. CCTV systems that have to be installed must be equipped with night vision and must necessarily consist of audio as well as video footage. In areas in which there is either no electricity and or internet it shall be the duty of the States Union Territories to provide the same as expeditiously as possible using any mode of providing electricity including solar wind power. The internet systems that are provided must also be systems which provide clear image resolutions and audio. Most important of all is the storage of CCTV camera footage which can be done in digital video recorders and or network video recorders. CCTV cameras must then be installed with such recording systems so that the data that is stored thereon shall be preserved for a period of 18 months. If the recording equipment available in the market today does not have the capacity to keep the recording for 18 months but for a lesser period of time it shall be mandatory for all States Union Territories and the Central Government to purchase one which allows storage for the maximum period possible and in any case not below 1 year. It is also made clear that this will be reviewed by all the States so as to purchase equipment which is able to store the data for 18 months as soon as it is commercially available in the market. The affidavit of compliance to be filed by all States and Union Territories and Central Government shall clearly indicate that the best equipment available as of date has been purchased. 18. Whenever there is information of force being used at police stations resulting in serious injury and or custodial deaths it is necessary that persons be free to complain for a redressal of the same. Such complaints may not only be made to the State Human Rights Commission which is then to utilise its powers more particularly under Sections 17 and 18 of the Protection of Human Rights Act 1993 for redressal of such complaints but also to Human Rights Courts which must then be set up in each District of every State Union Territory under Section 30 of the aforesaid Act. The Commission Court can then immediately summon CCTV camera footage in relation to the incident for its safe keeping which may then be made available to an investigation agency in order to further process the complaint made to it. 19. The Union of India is also to file an affidavit in which it will update this Court on the constitution and workings of the Central Oversight Body giving full particulars thereof. In addition the Union of India is also directed to install CCTV cameras and recording equipment in the offices of: i) Central Bureau of Investigationii) National Investigation Agencyiii) Enforcement Directorateiv) Narcotics Control Bureauv) Department of Revenue Intelligencevi) Serious Fraud Investigation Officevii) Any other agency which carries out interrogations and has the power of arrest. 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 COB shall perform the same function as the SLOC for the offices of investigative enforcement agencies mentioned above both in Delhi and outside Delhi wherever they be located. 20. The SLOC and the COBshall give directions to all Police Stations investigative enforcement agencies to prominently display at the entrance and inside the police stations offices of investigative enforcement agencies about the coverage of the concerned premises by CCTV. This shall be done by large posters in English Hindi and vernacular language. In addition to the above it shall be clearly mentioned therein that 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. 21. Since these directions are in furtherance of the fundamental rights of each citizen of India guaranteed under Article 21 of the Constitution of India and since nothing substantial has been done in this regard for a period of over 2½ years since our first Order dated 03.04.2018 the Executive Administrative police authorities are to implement this Order both in letter and in spirit as soon as possible. Affidavits will be filed by the Principal Secretary Cabinet Secretary Home Secretary of each State Union Territory giving this Court a firm action plan with exact timelines for compliance with today’s Order. This is to be done within a period of six weeks from today. 22. We record our gratitude to Shri Siddhartha Dave learned Amicus Curiae for rendering his services to this Court. 23. The Supreme Court registry to send a copy of this Order to all Chief Principal Secretaries of all the States and Union Territories both by physical as well as electronic means today itself. 24. List on 27.01.2021. R. F. Nariman) K.M. Joseph) Aniruddha Bose) New Delhi. December 02 2020. 