December 2, 2020 8:51:32 pm
Supreme Court of India
The Supreme Court ordered the Center on Wednesday to install closed-circuit television cameras and recording equipment in the offices of investigating agencies, including the CBI, the ED, and the National Investigative Agency (NIA), which conduct interrogations and have the power of arrest.
A bank headed by Judge RF Nariman said that states and Union Territories (UT) must ensure that CCTV cameras are installed in each and every police station, at all points of entry and exit, the front door, the dungeons, the corridors, the lobby and the reception. also areas outside lock rooms so that no part is uncovered.
The supreme court had ordered in 2018 the installation of CCTV cameras in police stations to verify human rights abuses. He also said that CCTV systems must be equipped with night vision and have both audio and video footage and it will be mandatory for the Center, the states and the UTs to buy such systems that allow data storage for the maximum possible period, at least one year.
“In addition, the Union of India also has instructions to install CCTV cameras and recording equipment in the offices of: Central Bureau of Investigation, National Investigation Agency, Directorate of Enforcement, Office of Narcotics Control, Department of Revenue Intelligence, Serious Fraud Investigation Office (SFIO), any other body that conducts interrogations and has the power of arrest, ”said the court, also composed of Justices KM Joseph and Aniruddha Bose.
“As most of these agencies carry out interrogations in their office (s), CCTVs must be installed in all offices where said interrogation and detention of the accused takes place in the same way as it would in a police station, “said the bank in its order.
The highest court said that in September this year, it had implemented all states and UT in the matter to find out the exact position of the CCTV cameras in each police station, as well as the constitution of the Supervisory Committees in accordance with the order of April 3, 2018..
The higher court, while dealing with a matter related to torture in custody, had taken note in July this year of a 2017 case in which it had ordered the installation of CCTV cameras in all police stations. to verify human rights abuses, videography of crime scenes and the creation of a Central Oversight Committee and a panel of this type in all states and territories of the Union.
In its 12-page order, the court noted that as of November 24, 14 states submitted affidavits of compliance and reports of actions taken and most of them have not disclosed the exact position of the CCTV cameras at each police station. and other details.
He said the statewide oversight committee (SLOC) should consist of an additional secretary or secretary of the department of the interior, secretary or additional secretary of the finance department; director general or inspector general of police and president or member of the state commission for women.
He said that the district level oversight committee (DLOC) should be made up of: divisional commissioner or regional commissioner or commissioner of revenue, district division, district magistrate and superintendent of police and mayor of a municipality within the district or chief of ‘zilla panchayat’ in rural areas.
He also specified the SLOC functions that included the purchase, distribution and installation of CCTV and equipment, obtaining a budget allocation for them.
He said that DLOC will have obligations that include interacting with the station’s station officer (SHO) about its operation and reviewing stored CCTV images at various police stations to verify any human rights violations that may have occurred but that has not been reported.
He said states and UTs allocate adequate funds for this as soon as possible. It says that the duty and responsibility of the work, maintenance and recording of the CCTV will be the SHO of the corresponding police station.
He said that in areas where there is no electricity or Internet, it will be the duty of the states and UT to provide it quickly using any mode of energy supply, including solar or wind.
“Whenever there is information on the use of force in police stations that results in serious injuries and / or deaths in custody, it is necessary for people to be free to claim redress for it,” he said.
He said the SLOC and the central supervisory body will instruct all police stations and agencies to prominently display at the entrance and within police stations, the offices of investigating agencies on the coverage of the facilities in question. by CCTV and this will be done by large billboards in Hindi English and vernacular.
“It will also be mentioned that the CCTV images are kept for a minimum period of time, which will not be less than six months, and the victim has the right to have them insured in case of violation of their human rights,” he said. .
He said authorities will implement his order in both letter and spirit as soon as possible. The court, which released the matter for hearing on Jan. 27, said the chief secretary or cabinet secretary or secretary of the Interior for each state and the UTs will file affidavits within six weeks, giving a firm plan of action. with an exact schedule for the fulfillment of the order.
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