JUDGMENT :

J.B. Pardiwala, J.

By way of this petition under Article 226 of the Constitution of India, in the nature of a Public Interest Litigation, the petitioner, a public trust registered in the city of Ahmedabad, through its President, has prayed that taking into consideration that the police, who is entrusted with the task of law enforcement and management, usually take recourse of third degree methods i.e. torture and excessive use of force, etc. and also taking into consideration the gross violation of fundamental and human rights of the citizens during the course of custodial interrogation by the police, time has come that some positive, effective and concrete steps are taken to combat with the menace of custodial violence, and for that purpose, it has been prayed in the petition that appropriate writ, order or direction be issued on the respondents to install Close-Circuit Television (CCTV) cameras or a Wi-Fi cameras at all the police stations of the State with the idea of thereby providing adequate safeguards against the police atrocity or custodial violence.

2. It has been averred in the petition that violation of fundamental and human rights of the citizens is generally in the nature of non-enforcement and discriminatory application of the laws, so that those having clout are not held accountable even for blatant violations of laws and, in any case, not brought to the justice for the direct violations of the rights of citizens in the form of unauthorised detentions, torture, harassment, fabrication of evidence, malicious prosecution, etc. The petition sets out a glaring example of police atrocity or police inaction by citing a recent incident that occurred in the city of Ahmedabad.

3. The petitioner has highlighted the case of one Mr.Lalbhai Sindhi, a businessman residing in the city of Ahmedabad. The said Mr.Lalbhai Sindhi had filed a complaint before Kalupur Police Station against one Mr. Avinash Shitaldas Jadwani, Mr. Gulshan Shitaldas Jadwani and Mr. Keshav Shitaldas Jadwani, all three brothers and carrying on the business of cloth since 1980 at 'Ashirwad' Market, Near Railway Station, Kalupur, Ahmedabad.

4. Pursuant to the complaint filed by Mr. Lalbhai Sindhi, inquiry was initiated by one Mr.N.D.Chauhan, a Police Inspector of D.G. Vigilance Squad. Mr. N.D. Chauhan, after interrogation, came to the conclusion that the complaint of Mr. Lalbhai Sindhi was purely of a civil nature and, therefore, no cognisance could be taken on such a complaint.

5. It has been averred in the petition that on the same day, the three brothers also lodged a complaint with the Director General of Police, Gujarat State, Police Bhawan, Gandhinagar, as well as Additional Director General of Police, Gandhinagar, complaining that one Mr. P.S. Vasava, a Police Sub-Inspector, has tried to give colour of a criminal offence to a dispute which is purely of civil in nature. They also complained by bringing it to the notice of the Director General of Police that the original complainant Lalbhai Sindhi, through one Mr.Haribhai Sindhi, Nandlal Sindhi and Hansraj Bhaiya, had administered threats and accordingly it was brought to the notice of the police.

6. On 22nd August 2012 one PSI Mr. Paresh I.Solanki of the Crime Branch, Ahmedabad city, had called the three brothers at his office situated at Gaekwad Haveli, Ahmedabad. No sooner had the three brothers reached the office of the PSI Mr. Solanki, than the police officials started beating the three brothers and forced them to pay a sum of Rs.25 lac within a month to Mr.Lalbhai Sindhi, the owner of 'Gopal' Emporium.

7. It has also been averred in the petition by the petitioner that at the relevant point of time he was standing outside the office of the PSI Mr. Solanki and he could hear the shouts of PSI Mr. Solanki as well as the beating to the three brothers. One of the brothers Mr. Gulshan Jadwani had become unconscious and Mr. Keshav Jadwani had also to be admitted in the hospital.

8. The petitioner has a