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SUPREME COURT OF INDIA
R.F. NARIMAN, K.M. JOSEPH, ANIRUDDHA BOSE, JJ.
PARAMVIR SINGH SAINI – PETITIONER
VERSUS
BALJIT SINGH & OTHERS – RESPONDENTS
SPECIAL LEAVE PETITION (CRIMINAL) NO.3543 of 2020
DECIDED ON : 02-12-2020
Criminal Procedure Code, 1973 – Section 173 – Constitution of India – Article 136 – Crime investigation – Implementation of plan of action with respect to use of Videography in crime scene during investigation – Setting-up of Central Oversight Body (COB) by Ministry of Home Affairs – Majority of Compliance Affidavits and Action Taken Reports fail to disclose exact position of CCTV cameras qua each Police Station – Affidavits are bereft of details with respect to total number of Police Stations functioning in the respective State and Union Territory; total number of CCTV cameras installed in each and every Police Station; the positioning of the CCTV cameras already installed; working condition of the CCTV cameras; whether CCTV cameras have a recording facility, if yes, then for how many days/hours, have not been disclosed – Duty and responsibility for working, maintenance and recording of CCTVs shall be that of SHO of police station concerned – It shall be duty and obligation of SHO to immediately report to DLOC any fault with equipment or malfunctioning of CCTVs – If CCTVs are not functioning in a particular police station, concerned SHO shall inform District Level Oversight Committee of arrest / interrogations carried out in that police station during said period and forward said record to District Level Oversight Committee – If concerned SHO has reported malfunctioning or non-functioning of CCTVs of a particular Police Station, District Level Oversight Committee shall immediately request State Level Oversight Committee for repair and purchase of equipment, which shall be done immediately – Director General/Inspector General of Police of each State and Union Territory should issue directions to person in charge of a Police Station to entrust SHO of concerned Police Station with responsibility of assessing working condition of CCTV cameras installed in police station and also to take corrective action to restore functioning of all non-functional CCTV cameras – SHO should also be made responsible for CCTV data maintenance, backup of data, fault rectification etc. – State and Union Territory Governments should ensure that CCTV cameras are installed in each and every Police Station functioning in respective State and/or Union Territory-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 duty of States/Union Territories to provide same as expeditiously as possible using any mode of providing electricity, including solar/wind power – Elaborate directions issued. (Paras 14 to 21)
Facts of the case:
This Court, vide Order dated 16.07.2020, issued notice in the instant Special Leave Petition to the Ministry of Home Affairs 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.
Findings of Court:
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 2½ 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.
Result : Directions issued. Matter listed for next hearing.
The Supreme Court issued elaborate directions to safeguard fundamental rights under Article 21 by mandating comprehensive implementation of videography at crime scenes and CCTV surveillance in police stations across all States and Union Territories.[1000694520002][1000694520015][1000694520016][1000694520020]
State and Union Territory Governments must ensure CCTV cameras, equipped with night vision, audio-video recording, and storage capacity for at least 18 months (or the maximum commercially available period not below 1 year), are installed in every police station, covering entry/exit points, lock-ups, corridors, reception areas, verandas, rooms of Inspectors/Sub-Inspectors, station hall, Duty Officer’s room, and other specified areas; electricity and internet (including solar/wind power where needed) must be provided expeditiously.[1000694520015][1000694520016]
The Station House Officer (SHO) bears primary responsibility for CCTV operation, maintenance, recording, data backup, fault reporting to the District Level Oversight Committee (DLOC), and notifying the DLOC of arrests/interrogations during any malfunction, with records forwarded accordingly.[1000694520013][1000694520014]
District Level Oversight Committees (DLOCs), comprising the Divisional/Regional Commissioner, District Magistrate, Superintendent of Police, and Mayor/Head of Zilla Panchayat, must supervise maintenance, monitor functionality, interact with SHOs, send monthly reports to State Level Oversight Committees (SLOCs), review footage for unreported human rights violations, and promptly request repairs/purchases from SLOCs. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) [1000694520010][1000694520011][1000694520013]
State Level Oversight Committees (SLOCs), comprising Secretary/Additional Secretary (Home), Secretary/Additional Secretary (Finance), Director General/Inspector General of Police, and Chairperson/member of State Women’s Commission, must oversee purchase/installation, secure funding, monitor upkeep, inspect, address DLOC grievances, and act on faulty equipment via monthly DLOC reports. (!) (!) (!) (!) (!) (!) (!) (!) (!) [1000694520009][1000694520011][1000694520012]
Director General/Inspector General of Police in each State/Union Territory must direct SHOs to assess and restore non-functional CCTVs, handle data maintenance, and ensure compliance.[1000694520014]
Compliance affidavits from Principal Secretary/Cabinet Secretary/Home Secretary of each State/Union Territory, detailing total police stations, CCTV numbers/positions/working conditions/recording durations per station, oversight committee constitutions, and firm timelines, must be filed within six weeks, with immediate execution required.[1000694520007][1000694520008][1000694520020]
Similar CCTV mandates apply to central agencies (CBI, NIA, ED, NCB, DRI, SFIO, etc.) in interrogation/arrest offices, overseen by the Central Oversight Body (COB).[1000694520018] (!) (!) (!) (!) (!) (!) (!) (!) (!)
Prominent posters in English, Hindi, and local languages must be displayed at police stations/agencies notifying CCTV coverage, preservation periods (minimum 6 months), and rights to complain to Human Rights Commissions/Courts/Superintendent of Police for violations, with footage summonable under the Protection of Human Rights Act.[1000694520017][1000694520019]
These measures advance Article 21 rights, with Union of India to update on COB and ensure phased videography implementation.[1000694520003][1000694520020]
JUDGMENT :
R.F. Nariman, J.
1. We have heard Shri K.K. Venugopal, learned Attorney General for India, Ms. Madhvi Divan, learned Addl. Solicitor General of India, Shri Siddhartha Dave, learned Senior Advocate (appointed as Amicus Curiae, vide Order dated 16.7.2020), Ms. Nitya Ramakrishnan, learned counsel appearing on behalf of the intervenor and the learned counsel appearing on behalf of the respective States and Union Territories.
2. This Court, vide Order dated 03.04.2018 in SLP (Crl) No. 2302 of 2017, reported as Shafhi Mohammad v. State of Himachal Pradesh (2018) 5 SCC 311, directed that a Central Oversight Body (hereinafter referred to as the “COB”) 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. This Court, while considering the directions issued in D.K. Basu Vs. State of West Bengal & Others (2015) 8 SCC 744, 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.
3. This Court further directed that the COB may issue appropriate directions from time to time so as to ensure that use of videography becomes a reality in a phased manner, the first phase of which be implemented by 15.07.2018. The crime scene videography ought to be introduced at least at some places as per viability and priority determined by the COB.
4. Pursuant to the aforesaid directions a COB was constituted by the Ministry of Home Affairs on 09.05.2018 (as per the Affidavit dated 26.07.2018) 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. Accordingly, directions were issued to the Administrators of the Union Territory, State Governments and other Central Agencies for effective implementation of the use of photography and videography at the crime scenes, and to furnish an Action Taken Report on the implementation of the use of videography in the crime scene.
5. This Court, vide Order dated 16.07.2020, issued notice in the instant Special Leave Petition to the Ministry of Home Affairs 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. While issuing notice this Court also took note of the directions in Shafhi Mohammad (supra).
6. This Court, vide Order dated 16.09.2020, impleaded all the States and Union Territories to find out the exact position of CCTV cameras qua each Police Station as well as the constitution of Oversight Committees in accordance with the Order dated 03.04.2018 of this Court in Shafhi Mohammad (supra).
7. Pursuant to the said directions of this Court, Compliance Affidavits and Action Taken Reports were 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.
8. The majority of the Compliance Affidavits and Action Taken Reports fail to disclose the exact position of CCTV cameras qua each Police Station. The affidavits are bereft of details with respect to the total number of Police Stations functioning in the respective State and Union Territory; total number of CCTV cameras installed in each and every Police Station; the positioning of the CCTV cameras already installed; working condit
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