Police
stations must have functional CCTV cameras
The
premier investigating agencies comes under the scanner of CCTV. The Supreme Court
today (December 2, 2020) directed Centre to install CCTV cameras and recording
equipment in the offices of Central Bureau of Investigation (CBI), National Investigating
Agency (NIA), Enforcement Directorate (ED), Narcotics Control Bureau (NCB),
Department of Revenue Intelligence (DRI), Serious Fraud Investigating Office
(SFIO) & any other agency which carries out interrogation and has power of
arrest.
Supreme Court through its judgement dated December 02nd, 2020 emphasized
the pressing need for all State Police Forces to implement IP based CCTV
surveillance system in each police station of the state / UT in order to
prevent unlawful activities, ensuring safety of its citizens and also to
efficiently deal with the cases involving allegations of torture in custody.
The Supreme Court has passed directions for
constitution of “Oversight Committees” at the State (State
Level Oversight Committee) and District (District Level Oversight Committee)
level for ongoing installation and maintenance of CCTVs in Police Stations
across all UTs and States while it directed Finance Departments of all UTs and
States to allocate fund for it.
The State Level Oversight Committee 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.
So far as the District Level Oversight Committee is
concerned, this should comprise of:
(i) The Divisional Commissioner/ Commissioner of Divisions/ Regional
Commissioner/ Revenue Commissioner Division of the District (by whatever name
called);
(ii) 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.
Salient
features of Supreme Court Judgement in respect of CCTV surveillance of all
Police Stations in the country.
The Government of Bihar has taken a huge step forward in its efforts to
introduce transparency in the functioning of the police forces in the state.
The Bihar State Electronics Development Corporation Ltd (BELTRON) has recently
completed an ambitious project to bring the police stations of the state under
24×7 CCTV surveillance. More than 10,000 IP based CCTV cameras have been
installed at over 900 police stations of Bihar. The project initiated and
funded by the Home Department, Government of Bihar aims to fulfill the mandate
of the Hon’ble Supreme Court to bring all police stations of the country under
constant CCTV surveillance to protect human rights and prevent the use of
torture in detention. The project was awarded to TATA Advanced Systems Ltd, one
of India’s leading Physical & Cyber Security firms through a competitive
bidding process at a cost of Rs 168 crores including operation and maintenance
support for 5 years. Mr. C P Kariappa, Vice President, Tata Advanced Systems
said “At TASL we have always taken pride in executing projects that build the
nation, it was a prestigious project to be completed in challenging timeline
across the state. Our teams could meet the expectations of customer despite
disruptions due to flood and Covid-19”. The entire surveillance system is
powered by Solar and online UPS to ensure 24X7 operations even if there is
disruption in power supply. Mr. Kariappa further said “It was a pleasure
working with Home Department, Govt of Bihar, Bihar Police and Beltron; this
would not have been possible without their active participation and support.
Also, we had an excellent team and partner ecosystem that lived up to all the
challenges that was faced during the execution period”.
Bihar Government has plans to upgrade the existing system in line with
the directions given by the Supreme Court and also extend it to the remaining
police stations including outposts in the near future.
(2018) 5 SCC 311, directed
that a Central Oversight Body 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. While
considering the directions issued in D.K. Basu Vs. State of West
Bengal & Others (2015) 8 SCC 744, it had 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.
The Ministry of Home Affairs had constituted the
Central Oversight Committee 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.
The Court on 16/07/2020 had issued further notice
to the MHA on the question of audio-video recordings of Section 161 CrPC
statements as is provided by Section 161 (3) proviso, as well as the larger
question as to installation of CCTV cameras in police stations generally. After
which, action taken report was filed by 14 States till 24/11/2020, namely, 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.
The Court noted that the majority of the Compliance
Affidavits and Action Taken Reports fail to disclose the exact position of CCTV
cameras qua each Police Station. Further, it noted that 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.
Accordingly, the Supreme Court has passed the
direction for filing of the Compliance affidavits by all the States and Union
Territories by either the Principal Secretary of the State or the Secretary,
Home Department of the States/Union Territories. “These affidavits are to be
filed within a period of six weeks from today,” it said.
The Supreme Court has passed the slew of
directions;
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.
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 of
the police station compound; outside (not inside) washrooms/toilets; Duty
Officer’s room; back part of the police station etc.
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. 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.
The Madhya Pradesh High Court while hearing a plea against alleged
unlawful detention of the Petitioner by local Police authorities in the state,
made prima facie observation that in order to escape liability, the Police
often take a false stand that the CCTVs installed at Police station are not
functioning. This Court feels prima facie that in order to cover up instances
of unlawful detention by the police, the police comes up with the argument that
the CCTV cameras are dysfunctional,” observed a Bench of Justice Atul
Sreedharan.
It added that such a stand taken by the Police does not augur well for
the ordinary citizens of the State as it creates an environment of giving an
opportunity to the Police to act with impunity in complete disregard to human
rights and personal liberty and enables them to detain anyone in the police
station and conveniently give an explanation that the CCTV cameras were
disfunctional during the period which the citizen says that he was unlaw
detainer in the police station.
The remarks were made after the Court noted contradictions in the
statements made by the local Police and by the Prosecutor, regarding reasons
for not furnishing CCTV footage of the alleged date of detention. The former
claimed that CCTV footage cannot be given as the cameras are not functioning
since February 17. The prosecutor on the other hand submitted that the CCTV
footage of the said period cannot be shown to the petitioner as that would
reveal the identity of the source informant.
The facts of the petitioner’s case reveal a very shocking state of
affairs in the State of Madhya Pradesh,” the Bench remarked while expressing
surprise at the contrary stance. It noted that the prosecutor’s excuse for not
giving the footage logically means that the CCTV cameras were functioning and
there was indeed footage. But the police on the other hand claimed that the
cameras themselves had turned dysfunctional from February, 2021.
In these circumstances, the Bench noted that the case discloses a larger
issue and it has therefore summoned DIG- Bhopal (Urban), and SP (South Bhopal)
on the next date of hearing, through video conferencing. They have been asked
to come up with an explanation as to why the cameras were dysfunctional from
17.2.2021, whether the authorities who had to be informed about the
dysfunctionality of the cameras were duly so informed by the SHO of PS Piplan,
Bhopal and if they were so informed, what were the steps taken forthwith by
those officials to have the cameras rectified in the shortest possible time.
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