Madras HC seeks State response in PIL for SOP to preserve CCTV footage in Police Stations as a measure to guard against Police excesses

The Madras High Court has asked the State authorities to respond on a plea seeking that a scheme or standard operating procedures be framed for the preservation of CCTV footage inside police stations, as a measure to detect, prevent and prosecute possible human rights' abuse. .The PIL moved by an Advocate, K Nizamuddin also makes reference to the Sathankulam custodial death case, where the authorities were unable to recover CCTV footage from inside the police station, which may have proved crucial to the investigation. .Taking note of this aspect as well, the Bench of Justices M Sathyanarayana and R Hemalatha on Friday asked the Government to respond to the plea and posted the matter to be taken up next on November 6. .The petition recounts that the State Government have earlier given an undertaking before the Madras High Court, in another PIL, stating that CCTV cameras would be installed gradually in police stations across Tamil Nadu. However, no such installation took place, an RTI enquiry revealed. .Urging for directions to frame a scheme to implement the installation CCTV cameras and to preserve the footage recorded thereby, the petitioner has made the following submissions: A Police station is a place where a citizen’s right to liberty is curtailed by way of an arrest and custodial interrogation, which are as sanctioned under the law. The installation of CCTV cameras and preservation of its footage within the police station is needed to prevent custodial torture, police excesses and human rights abuse by the uniformed force.The State Government has taken a policy decision to modernize Police force. This includes the installation of CCTV cameras in and around the police stations. While so, there is no uniform scheme or standard operating procedure provided to protect, maintain and preserve CCTV footage. CCTV footage is helpful in identifying the aggressor, offender and accused in the involvement of crime. Without preserving the footage with foolproof technology, the very objective of installing CCTV cameras would be undone.Where there is custodial torture or death inside the Police Station, it is difficult to gather evidence from witnesses as the whole offence is committed within the four walls of the police station. Naturally police officials within the station may not give evidence against their own colleagues. As such, the usage of technology plays a larger role in protecting the liberty of the citizen. It would stand as the best source of evidence against the arbitrary action on the part of the police within the police station.There is no statutory framework or standard operating procedure to protect, preserve and maintain the CCTV footage against manipulation or doctoring from its natural sequence. Without such provisions, CCTV cameras are prone to be manipulated or rendered dysfunctional when it is needed in a case. There is no accountability fixed an anyone for not maintaining the same.Crores of the tax payers’ money has been used for the installation of CCTV cameras in police stations. However, without a statutory framework to protect and preserve the footage against manipulation, the same would go to wasteIt is high time that regulations and rules be framed to protect, preserve and regulate the maintenance of CCTV footage inside police stationsMeasures should also be in place to obtain such CCTV footage by the common public either under RTI or under any special rules prescribed in legal proceedings. .The petitioner adds that a representation was earlier made to the State authorities raising these concerns on July 9 this year. With no response forthcoming from the authorities, the petitioner has now approached the High Court over the matter.