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2020 (12) TMI 1222 - SC - Indian LawsImplementation of plan of action with respect to the use of videography in the crime scene during the investigation - it is claimed that crime scene videography ought to be introduced at least at some places as per viability and priority determined by the COB - majority of the Compliance Affidavits and Action Taken Reports fail to disclose the exact position of CCTV cameras qua each Police Station - HELD THAT - 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. The SLOC and the COB (where applicable) shall 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. 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 2 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. List on 27.01.2021.
Issues Involved:
1. Implementation of videography in crime scene investigations. 2. Compliance with previous court orders regarding CCTV installation in police stations. 3. Constitution and duties of State and District Level Oversight Committees. 4. Allocation of funds for CCTV installation and maintenance. 5. Responsibilities of police officers regarding CCTV functionality. 6. Installation of CCTV cameras in investigative and enforcement agency offices. 7. Public awareness of CCTV coverage and rights regarding human rights violations. Issue-wise Detailed Analysis: 1. Implementation of Videography in Crime Scene Investigations: The Supreme Court directed the Ministry of Home Affairs to set up a Central Oversight Body (COB) to implement the use of videography at crime scenes. This directive was based on the necessity for videography as highlighted in the case of Shafhi Mohammad v. State of Himachal Pradesh (2018) 5 SCC 311. The COB was tasked with issuing instructions to ensure phased implementation, with crime scene videography being introduced as per viability and priority. 2. Compliance with Previous Court Orders Regarding CCTV Installation in Police Stations: The Court noted that compliance affidavits and action taken reports from various states and union territories were inadequate. These affidavits lacked details on the number of police stations, CCTV cameras installed, their positioning, working condition, and recording capabilities. The Court mandated that comprehensive compliance affidavits be filed by the Principal Secretary or Secretary, Home Department of the respective states/union territories within six weeks. 3. Constitution and Duties of State and District Level Oversight Committees: The Court ordered the constitution of State Level Oversight Committees (SLOC) and District Level Oversight Committees (DLOC). The SLOC should include officials from the Home and Finance Departments, the Director General/Inspector General of Police, and a member of the State Women’s Commission. The DLOC should include the Divisional Commissioner, District Magistrate, Superintendent of Police, and a local municipal or Zilla Panchayat head. These committees are responsible for the purchase, distribution, installation, and maintenance of CCTVs, addressing grievances, and ensuring compliance with court directives. 4. Allocation of Funds for CCTV Installation and Maintenance: The Court emphasized the necessity of adequate funds for the installation and maintenance of CCTV systems. The Finance Departments of states and union territories were directed to allocate the required funds promptly to ensure the implementation of the Court’s orders. 5. Responsibilities of Police Officers Regarding CCTV Functionality: The Station House Officer (SHO) of each police station was assigned the duty of ensuring the working, maintenance, and recording of CCTV systems. The SHO must report any malfunction or non-functioning of CCTVs to the DLOC, which in turn should seek immediate repair or replacement from the SLOC. The SHO is also responsible for maintaining CCTV data and ensuring backup. 6. Installation of CCTV Cameras in Investigative and Enforcement Agency Offices: The Union of India was directed to install CCTV cameras in the offices of various central agencies, including the CBI, NIA, ED, NCB, DRI, and SFIO. The COB was tasked with overseeing the implementation of these directives in these agencies, similar to the role of the SLOC in police stations. 7. Public Awareness of CCTV Coverage and Rights Regarding Human Rights Violations: The Court mandated that police stations and investigative agency offices prominently display information about CCTV coverage and citizens’ rights regarding human rights violations. This includes the right to complain to the National/State Human Rights Commission or Human Rights Court, and the preservation of CCTV footage for a minimum period of six months. Conclusion: The Supreme Court's judgment emphasized the importance of implementing videography in crime scene investigations and ensuring comprehensive CCTV coverage in police stations and investigative agencies to safeguard human rights. The Court outlined specific responsibilities for oversight committees, police officers, and government departments to ensure compliance and accountability. The directives aim to enhance transparency and accountability in law enforcement practices, thereby protecting the fundamental rights of citizens under Article 21 of the Constitution of India.
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