Supreme Court seeks details of CCTV installations inside Tihar Jail complex after three death row convicts found intoxicated

An incident in which three death row convicts were found in an inebriated condition in Tihar jail has prompted the Supreme Court to seek details from the jail authorities about the locations at which CCTV cameras have been installed in the jail complex (Rahul v. State of Delhi Ministry of Home Affairs)..The affidavit has to state whether or not the control room and the boundary wall of the jail are covered by CCTV cameras. .The affidavit to be filed by the Tihar Jail Superintendent should also disclose under what circumstances, materials, such as, tobacco pouches or any other contraband/such things found their way inside the jail premises and what kind of preventive and other measures are being taken by the jail authorities to avoid the same. .The bench of Justices UU Lalit, Indira Banerjee and KM Joseph was dealing with a 2015 case relating to three death row convicts.During the pendency of the case, the three convicts were found in an intoxicated state in their cell on March 15, 2021 leading to use of force by police officials..CCTV in Police Stations: Ten takeaways from the Supreme Court judgment.When the incident was brought to the notice of the Court on March 19, the Bench directed Satish Kumar, Additional District Judge, Tis Hazari Courts, Delhi to visit Tihar jail, interview the convicts, examine CCTV footage and submit a report to the Court. .Pursuant to the same, a report was submitted in which the judge observed that accused Rahul was unable to walk properly."The Jail Superintendent was, therefore, asked to get accused Rahul medically examined and to furnish certificate. No such documents pertaining to his medical examination are placed on record," the Supreme Court noted when the case was heard on March 25..The Court was also informed that though CCTV was installed near the medical dispensary, the life of the CCTV footage was only four days."According to Mr. Raj Kumar, Superintendent of Jail, Tihar Jail, who was connected through video conferencing, CCTV camera has been installed at the medical dispensary. However, according to him, the life of CCTV footage is only four days and as of now, no footage is available," the order said reproducing the arguments.However, Senior Advocate A Sirajudeen, representing the accused, submitted that that even if CCTV footage are not stated to be available, the data can still be retrieved from the hard-disk and for that purposes, the hard-disk in question, should be taken into custody..Further, it was also pointed out that a punishment ticket was issued to the convicts for their behavior which included withdrawal of meeting sessions with known ones, phone and canteen facilities.However the top court stated that "such imposition of punishment was not in keeping with the relevant provisions.".The Court noted that in light of the top court's latest judgment passed by a Bench headed by Justice Rohinton Fali Nariman, jail Authorities are obliged to install CCTV cameras at various places in the jail.However, in the instant case "no CCTV footage are stated to be available," the Court recorded. .After hearing rival contentions, the Court proceeded to issue the following directions:(A) Raj Kumar, Jail Superintendent shall file an affidavit by April 5, 2021 disclosing all the steps undertaken by him in connection with the incident that occurred on March 14, 2021. The affidavit shall disclose where exactly the CCTV cameras have been installed and whether the Control Room and the boundary wall of the jail are covered by CCTV cameras or not. It shall also disclose under what circumstances, materials, such as, tobacco pouches or any other contraband/such things find their way inside the jail premises and what kind of preventive and other measures are being taken by the jail authorities.The affidavit shall also disclose the make of CCTV camera which have been installed which according to Raj Kumar does not have life greater than four days for CCTV footage; so also about the time lines adhered to and required for installing CCTV cameras and the budgetary allocation made for such installations.(B) With regard to the budgetary allocation and the kind of cameras installed in the jail premises, an affidavit shall also be filed by the concerned official from the Home Ministry of the respondent-State with explanation as to why the life of CCTV footage is confined only to four days(C) We also ask Dr. Vineet, Medical Officer, Jail Hospital, Tihar Jail as well as Dr. Vivek Dave, Senior Resident (Psychiatry) to file their statements touching upon the issues pertaining to the present controversy..[Read Order]