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2024 Supreme(Ori) 304

IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH, CJ., SAVITRI RATHO, J.
Registrar Judicial, Orissa High Court, Cuttack. – Petitioner
Versus
The State of Odisha, Represented By The Chief Secretary – Respondent
Suo Motu W.P.(C) No. 23735 of 2024
Decided On : 23-12-2024

Advocates Appeared:
For the Petitioner:Mr. Gautam Mishra, Senior Advocate (Amicus Curiae) assisted by Mr. A. Dash, Advocate
For the Respondent:Mr. Pitambar Acharya, Advocate General, Mr. Saswat Das, Addl. Govt. Advocate

The court mandated that all police stations in Odisha must install functional CCTV systems by 31-03-2025 to enhance accountability and address human rights violations against armed forces personnel.

Headnote:(A) Commissions of Inquiry Act, 1952 - The State Government ordered an inquiry into alleged police misconduct during an incident involving an army officer and his fiancée - A direction was given to ensure installation of CCTV in police stations for accountability. (Paras 1, 20)

(B) Human Rights Violations - The court addressed police misconduct, including false charges against the army officer and mistreatment of his fiancée, which constituted violations of her human rights. (Paras 4, 20)

(C) Procedures for Police Interaction with Armed Forces - The court mandated the issuance of an SOP for police handling of Army personnel, ensuring respect for their rights and proper legal procedures. (Paras 16-20)

Facts of the case:
The army officer and his fiancée faced police misconduct when they attempted to lodge an FIR. Allegations of attempted murder were placed against them, with claims of physical abuse and lack of medical care directed toward the fiancée during custody. (Paras 2, 6)

Findings of Court:
The court emphasized the need for transparency in police operations, requiring functional CCTV in all police stations in Odisha and setting a deadline for compliance. (Paras 18-20)

Issues: The court addressed inadequate police infrastructure and procedural failures regarding the treatment of armed forces personnel lodging complaints and faced criminal allegations themselves. (Paras 1, 20)

Ratio Decidendi: The court held that the lack of proper facilities, such as CCTV, leads to a lack of accountability, thereby necessitating urgent reforms in police conduct and infrastructure to prevent human rights violations. (Paras 5, 20)

Result: The writ petition is disposed of with directions for urgent improvements in police facilities and procedures.

Table of Content
1. disturbing incident at bharatpur police station (Para 1 , 2 , 3)
2. request for judicial intervention and bail (Para 4 , 5 , 6 , 7)
3. need for cctv and procedure improvements in police stations (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. sop for handling armed forces personnel (Para 15 , 16 , 17)
5. court’s directives for future compliance and oversight (Para 18 , 19 , 20 , 21 , 22)

Judgment :

Chakradhari Sharan Singh, CJ.

1. The Bharatpur Police Station in the city of Bhubaneswar, the capital of the State of Odisha shot to prominence and widely hit the headlines of both the print and electronic media, for wrong reasons, in relation to a disturbing occurrence that had taken place in the premises of the police station on 15th September, 2024. We have considered it just and equitable not to refer to the allegations and counter allegations concerning the said incident in the present order as that may influence the matters which are pending police investigation and, the inquiry ordered by the State government under the Commissions of Inquiry Act, 1952 by a retired Hon’ble Judge of this Court.

2. The fact which was found to be disturbing was that an army officer along with his fiancée had gone to the Police Station on 15.09.2024 late in the night to lodge a First Information Report (FIR) against the miscreants, who had allegedly misbehaved with them. What happened inside the police Station with them or what did the duo do with the police personnel are subject matter of investigation/inquiry. The Bharatpur Police lodged an FIR against the said army officer and his fiancée registered as Bharatpur P.S. Case No.640 of 2024, alleging commission of various cognizable offences including the offence of attempt to murder the police personnel in the police station. The officer’s fiancée was arrested. The army officer and his fiancée were unarmed.

3. Based on a letter dated 18.09.2024 addressed to the Chief Justice by the Lieutenant General PS Shekhawat, AVSM, SM, General Officer Commanding & Colonel of the MECH INF REGT, Madhya Bharat Area and his meeting with the Chief Justice at the residence on 17.09.2024, prior to making of the said communication dated 18.09.2024, suo motu cognizance of the incident was taken and this case, in the nature of Public interest Litigation came to be registered. The contents of the said communication dated 18.09.2024 of Mr. Shekhawat is being reproduced hereinbelow:-

“1. I am writing to bring to your attention, a grave incident that occurred at Bharatpur Police Station, Bhubaneswar on 15 September, 2024, where the prestige of a serving Army Officer was demeaned and the modesty and dignity of his fiancée , x x x x x .

2. The unfortunate incident took place when the Army Officer along with his fiancé went to the police station to file a complaint against miscreants who had misbehaved with the couple at approximately 0100 hours on the day of the incident. Instead of extending the expected protection and support, the officers on duty acted in a manner unbecoming of their position. They not only humiliated the lady but also molested her and also disrespected the Army Officer by putting him under custody without any charge for almost 14 hours. The medical inspection of the lady also indicates grave injuries, which point to manhandling by the police personnel. The Bharatpur Police Station does not have a CCTV installed which is violative of Hon’ble Supreme Court’s directions. The police actions and their purported statements are manipulative and aimed at concealing the police brutality on the lady and the officer.

3. Sir, the actions of the police personnel have deeply shaken the faith of the victims and also the military fraternity as a whole in the law enforcement system. This is evident from the wide coverage of the incident, not only on the main stream media but also the outrage of netizens across all social media platforms. While the officer was later released on intervention by the military authorities on

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