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
| 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
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.
Fabrication and backdating of documents, non-functioning of CCTV cameras in police stations
The Court ruled that illegal detention violates constitutional rights and statutory procedures, mandating police compliance with judicial orders.
The court emphasized the necessity of strict adherence to SOPs for CCTV maintenance in police stations to protect citizens' rights and prevent police misconduct.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.