ROHINTON FALI NARIMAN, K. M. JOSEPH, ANIRUDDHA BOSE
PARAMVIR SINGH SAINI – Appellant
Versus
BALJIT SINGH – Respondent
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 t
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