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2020 Supreme(SC) 740

ROHINTON FALI NARIMAN, NAVIN SINHA, B.R.GAVAI
PARAMVIR SINGH SAINI – Appellant
Versus
BALJIT SINGH – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bankey Bihari, AOR, Mr. Dhawaljeet Dutta, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The Court has granted permission to file the special leave petition and condoned the delay in filing (!) .

  2. The Court has issued notices to the Union of India (Ministry of Home Affairs) and the State Governments, emphasizing the importance of oversight and implementation regarding the use of CCTV cameras and videography in police stations and investigations (!) (!) .

  3. The Court recognizes the need to improve investigative procedures by integrating videography, especially at crime scenes, and has approved a centrally driven plan of action to facilitate this process (!) (!) .

  4. A Central Oversight Body (COB) will be established by the Ministry of Home Affairs to oversee the planning, implementation, and periodic review of the use of CCTV and videography technology in law enforcement (!) .

  5. The Court has directed that the COB issue instructions to ensure phased implementation, with a target to introduce crime scene videography at selected locations by July 15, 2018, based on feasibility and priority (!) .

  6. Funding and technical support for these initiatives may initially be provided by the central government, including the setup of a central server, with consideration of the law and order being a state subject (!) .

  7. The Court has emphasized the importance of follow-up and compliance, requiring affidavits of progress from the oversight authorities by specified deadlines (!) (!) .

  8. A senior counsel has been appointed as Amicus Curiae to assist the Court on broader issues related to the case (!) .

  9. The Court has also highlighted the significance of connected issues, such as the recording of statements and other investigative procedures, and has issued notices accordingly (!) .

  10. Overall, the Court underscores the importance of technological advancement in law enforcement to uphold human rights and strengthen the rule of law through oversight and systematic implementation [judgement_subject].

Please let me know if you need further elaboration or specific legal advice related to this document.


ORDER :

1. Permission to file special leave petition is granted.

2. Delay in filing the special leave petition is condoned.

3. Issue notice having regard to the larger question, viz., the question of audio-video recordings of section 161 statements as is provided by section 161 (3) proviso, as well as the larger question as to the installation of CCTV cameras in police stations generally.

4. This Court had issued certain directions in ‘Shafhi Mohammad v. State of Himachal Pradesh’ (2018) 5 SCC 311, as follows:

    10. Thus, we are of the considered view that notwithstanding the fact that as of now investigating agencies in India are not fully equipped and prepared for the use of videography, the time is ripe that steps are taken to introduce videography in investigation, particularly for crime scene as desirable and acceptable best practice as suggested by the Committee of the MHA to strengthen the Rule of Law. We approve the Centrally Driven Plan of Action prepared by the Committee and the timeline as mentioned above. Let the consequential steps for implementation thereof be taken at the earliest.

    11. We direct that with a view to implement the Plan of Action prepared by the Committee, a Ce

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