CCTV in Police Stations: Ten takeaways from the Supreme Court judgment

The Supreme Court on Wednesday pronounced a landmark judgment on the installation of CCTV cameras in police stations across the country (Paramvir Singh Saini v. Baljit Singh) .

. The judgment contains a slew of directions in addition to the installation of CCTV cameras.

Below are the key takeaways from the verdict.

. All states and union territories (UTs) should install CCTVs in each and every police station. Such cameras should be installed at all entry and exit points, main gate of the police station, all lock-ups, corridors, lobby/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, washrooms/toilets, duty officer’s room, back part of the police station etc.

. The Central government should ensure that CCTV cameras are installed at all offices of Central government agencies where interrogation of persons takes place. This includes offices of 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) and any other central agency office where interrogation of people is carried out.

. The CCTV systems 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.

. CCTV camera footage should be preserved for 18 months in digital video recorders and/or network video recorders. If the recording equipment available in the market today does not have the capacity to keep the recording for 18 months, it shall be mandatory for all states, union territories and the Central government to purchase equipment that allows storage for the maximum period possible but, in any case, not less than 1 year.

.Install CCTV with night vision in police stations, CBI, NIA, ED offices: Supreme Court to Centre, States . Interestingly, the Supreme Court has utilised the opportunity to order the setting up of Human Rights courts in each district, as provided under Section 30 of the Protection of Human Rights Act, 1993 . While the Act leaves it to the discretion of the State government to do so, the Supreme Court in its judgment has ordered that the same be done.

. Whenever there is an incident of serious injury or custodial death in a police station, a person can complain about the same to Human Rights Courts, which can then summon the CCTV footage for safe-keeping. The same shall be then preserved for at least six months and such footage should be made available to the victims in the event of violation of her human rights.

. Police stations and investigative/enforcement agencies should prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV.

. The poster should also mention about the rights of victims of custodial torture to complain about human rights violations to the National/State Human Rights Commission, Human Rights Court, Superintendent of Police, or any other authority empowered to take cognizance of an offence. Such posters should also divulge that the victims of custodial torture have the right to access to CCTV footage.

. State and UTs should ensure constitution of oversight committees at the State and District level. The State Level Oversight Committee (SLOC) must consist of Secretary/Additional Secretary, Home Department; Secretary/Additional Secretary, Finance Department; Director General/Inspector General of Police; and Chairperson/member of the State Women’s Commission.

. The District Level Oversight Committee (DLOC) should comprise Divisional Commissioner/Commissioner of Divisions/Regional Commissioner/Revenue Commissioner Division of the District; District Magistrate of the District; Superintendent of Police of that District; and Mayor of a municipality within the District/Head of the Zilla Panchayat in rural areas.

. It shall be the duty of the SLOC to see that the directions passed by the Supreme Court in the judgment are carried out. Amongst others, the duties shall consist of purchase, distribution, and installation of CCTVs and related equipment, obtaining the budgetary allocation for the same, continuous monitoring of maintenance and upkeep of CCTVs,and carrying out inspections and addressing the grievances received from the DLOC.

. Likewise, the DLOC shall have the obligation to supervise, maintain and ensure the upkeep of CCTVs and related equipment, interact with the Station House Officer (SHO) as to the functioning and maintenance of CCTVs and related equipment, send monthly reports to the SLOC about the functioning of CCTVs and allied equipment, and review footage stored from CCTVs in the various police stations to check for any human rights violations that may have occurred but are not reported.

."Unimportant places are where accused will be thrashed by Police," SC reserves order in plea for CCTVs in police stations. The duty and responsibility for the working, maintenance, and recording of CCTVs will be that of the SHO of the concerned police station.

. If there is any fault with the equipment or malfunctioning of CCTVs, then it shall be the duty of the SHO to immediately report the same to the DLOC.

. If the CCTVs are not functioning in a particular police station, the concerned SHO shall also inform the DLOC of the arrests/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 immediate repair and purchase of the equipment.

. Adequate funds should be allocated by the Finance Departments of states/UTs to ensure implementation of the directions contained in the judgment.

. [Read Judgment]

CCTV in Police Stations: Ten takeaways from the Supreme Court judgment

Murali Krishnan

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