Paramvir Singh Saini vs Baljit Singh on 2 December, 2020


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Supreme Court of India

Paramvir Singh Saini vs Baljit Singh on 2 December, 2020

Author: Rohinton Fali Nariman

                                                                               REPORTABLE

                                         IN THE SUPREME COURT OF INDIA

                                        CRIMINAL APPELLATE JURISDICTION

                             SPECIAL LEAVE PETITION (CRIMINAL) NO.3543 of 2020


                         PARAMVIR SINGH SAINI                             …PETITIONER

                                        VERSUS

                         BALJIT SINGH & OTHERS                            ...RESPONDENTS



                         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
Signature Not Verified

Digitally signed by
(hereinafter referred to as the “COB”) be set up by the Ministry of
Nidhi Ahuja
Date: 2020.12.02
17:26:18 IST
Reason:

Home Affairs to implement the plan of action with respect to the use

of videography in the crime scene during the investigation. This Court,

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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 to issue appropriate

instructions in this regard at the earliest.

3. This Court further directed that the COB may issue appropriate

directions from time to time so as to ensure that use of videography

becomes a reality in a phased manner, the first phase of which be

implemented by 15.07.2018. The crime scene videography ought to

be introduced at least at some places as per viability and priority

determined by the COB.

4. Pursuant to the aforesaid directions a COB was constituted by the

Ministry of Home Affairs on 09.05.2018 (as per the Affidavit dated

26.07.2018) to oversee the implementation of the use of photography

and videography in the crime scene by the State / Union Territory

Government and other Central Agencies, to suggest the possibility of

setting up a Central Server for implementation of videography, and to

issue appropriate directions so as to ensure that use of videography

becomes a reality in a phased manner. Accordingly, directions were

issued to the Administrators of the Union Territory, State

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Governments and other Central Agencies for effective

implementation of the use of photography and videography at the

crime scenes, and to furnish an Action Taken Report on the

implementation of the use of videography in the crime scene.

5. This Court, vide Order dated 16.07.2020, issued notice in the instant

Special Leave Petition to the Ministry of Home Affairs on the question

of audio-video recordings of Section 161 CrPC statements as is

provided by Section 161 (3) proviso, as well as the larger question as

to installation of CCTV cameras in police stations generally. While

issuing notice this Court also took note of the directions in Shafhi

Mohammad (supra).

6. This Court, vide Order dated 16.09.2020, impleaded all the States

and Union Territories to find out the exact position of CCTV cameras

qua each Police Station as well as the constitution of Oversight

Committees in accordance with the Order dated 03.04.2018 of this

Court in Shafhi Mohammad (supra).

7. Pursuant to the said directions of this Court, Compliance Affidavits

and Action Taken Reports were filed by 14 States (till 24.11.2020),

namely, West Bengal, Chhattisgarh, Tamil Nadu, Punjab, Nagaland,

Karnataka, Tripura, Uttar Pradesh, Assam, Sikkim, Mizoram, Madhya

Pradesh, Meghalaya, Manipur; and 2 Union Territories, namely,

Andaman & Nicobar Islands and Puducherry.

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8. The majority of the Compliance Affidavits and Action Taken Reports

fail to disclose the exact position of CCTV cameras qua each Police

Station. The affidavits are bereft of details with respect to the total

number of Police Stations functioning in the respective State and

Union Territory; total number of CCTV cameras installed in each and

every Police Station; the positioning of the CCTV cameras already

installed; working condition of the CCTV cameras; whether the CCTV

cameras have a recording facility, if yes, then for how many

days/hours, have not been disclosed. Further, the position qua

constitution of Oversight Committees in accordance with the Order

dated 03.04.2018, and/or details with respect to the Oversight

Committees already constituted in the respective States and Union

Territory have also not been disclosed.

9. Compliance affidavits by all the States and Union Territories are to be

filed, as has been stated earlier, by either the Principal Secretary of

the State or the Secretary, Home Department of the States/Union

Territories. This is to be done by all the States and Union Territories,

including those who have filed so-called compliance affidavits till date,

stating the details mentioned in paragraph 8 of this Order. These

affidavits are to be filed within a period of six weeks from today.

10. So far as constitution of Oversight Committees in accordance with

our Order dated 03.04.2018 is concerned, this should be done at the

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State and District levels. The State Level Oversight Committee

(hereinafter referred to as the “SLOC”) must consist of:

(i) The Secretary/Additional Secretary, Home Department;

(ii) Secretary/Additional Secretary, Finance Department;

(iii) The Director General/Inspector General of Police; and

(iv) The Chairperson/member of the State Women’s Commission.

11. So far as the District Level Oversight Committee (hereinafter referred

to as “DLOC”) is concerned, this should comprise of:

(i) The Divisional Commissioner/ Commissioner of Divisions/

Regional Commissioner/ Revenue Commissioner Division of the

District (by whatever name called);

(ii) The District Magistrate of the District;

(iii) A Superintendent of Police of that District; and

(iv) A mayor of a municipality within the District/ a Head of the Zilla

Panchayat in rural areas.

12. It shall be the duty of the SLOC to see that the directions passed by

this Court are carried out. Amongst others, the duties shall consist of:

a) Purchase, distribution and installation of CCTVs and its equipment;

b) Obtaining the budgetary allocation for the same;

c) Continuous monitoring of maintenance and upkeep of CCTVs and

its equipment;

d) Carrying out inspections and addressing the grievances received

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from the DLOC; and

e) To call for monthly reports from the DLOC and immediately address

any concerns like faulty equipment.

Likewise, the DLOC shall have the following obligations:

a) Supervision, maintenance and upkeep of CCTVs and its

equipment;

b) Continuous monitoring of maintenance and upkeep of CCTVs and

its equipment;

c) To interact with the Station House Officer (hereinafter referred to

as the “SHO”) as to the functioning and maintenance of CCTVs and

its equipment; and

d) To send monthly reports to the SLOC about the functioning of

CCTVs and allied equipment.

e) To review footage stored from CCTVs in the various Police Stations

to check for any human rights violation that may have occurred but

are not reported.

13. It is obvious that none of this can be done without allocation of

adequate funds for the same, which must be done by the

States’/Union Territories’ Finance Departments at the very earliest.

14. The duty and responsibility for the working, maintenance and

recording of CCTVs shall be that of the SHO of the police station

concerned. It shall be the duty and obligation of the SHO to

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immediately report to the DLOC any fault with the equipment or

malfunctioning of CCTVs. If the CCTVs are not functioning in a

particular police station, the concerned SHO shall inform the DLOC

of the arrest / interrogations carried out in that police station during

the said period and forward the said record to the DLOC. If the

concerned SHO has reported malfunctioning or non-functioning of

CCTVs of a particular Police Station, the DLOC shall immediately

request the SLOC for repair and purchase of the equipment, which

shall be done immediately.

15. The Director General/Inspector General of Police of each State and

Union Territory should issue directions to the person in charge of a

Police Station to entrust the SHO of the concerned Police Station with

the responsibility of assessing the working condition of the CCTV

cameras installed in the police station and also to take corrective

action to restore the functioning of all non-functional CCTV cameras.

The SHO should also be made responsible for CCTV data

maintenance, backup of data, fault rectification etc.

16. The State and Union Territory Governments should ensure that CCTV

cameras are installed in each and every Police Station functioning in

the respective State and/or Union Territory. Further, in order to ensure

that no part of a Police Station is left uncovered, it is imperative to

ensure that CCTV cameras are installed at all entry and exit points;

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main gate of the police station; all lock-ups; all corridors; lobby/the

reception area; all verandas/outhouses, Inspector’s room; Sub-

Inspector’s room; areas outside the lock-up room; station hall; in front

of the police station compound; outside (not inside)

washrooms/toilets; Duty Officer’s room; back part of the police station

etc.

17. CCTV systems that have to be installed must be equipped with night

vision and must necessarily consist of audio as well as video footage.

In areas in which there is either no electricity and/or internet, it shall

be the duty of the States/Union Territories to provide the same as

expeditiously as possible using any mode of providing electricity,

including solar/wind power. The internet systems that are provided

must also be systems which provide clear image resolutions and

audio. Most important of all is the storage of CCTV camera footage

which can be done in digital video recorders and/or network video

recorders. CCTV cameras must then be installed with such recording

systems so that the data that is stored thereon shall be preserved for

a period of 18 months. If the recording equipment, available in the

market today, does not have the capacity to keep the recording for 18

months but for a lesser period of time, it shall be mandatory for all

States, Union Territories and the Central Government to purchase

one which allows storage for the maximum period possible, and, in

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any case, not below 1 year. It is also made clear that this will be

reviewed by all the States so as to purchase equipment which is able

to store the data for 18 months as soon as it is commercially available

in the market. The affidavit of compliance to be filed by all States and

Union Territories and Central Government shall clearly indicate that

the best equipment available as of date has been purchased.

18. Whenever there is information of force being used at police stations

resulting in serious injury and/or custodial deaths, it is necessary that

persons be free to complain for a redressal of the same. Such

complaints may not only be made to the State Human Rights

Commission, which is then to utilise its powers, more particularly

under Sections 17 and 18 of the Protection of Human Rights Act,

1993, for redressal of such complaints, but also to Human Rights

Courts, which must then be set up in each District of every

State/Union Territory under Section 30 of the aforesaid Act. The

Commission/Court can then immediately summon CCTV camera

footage in relation to the incident for its safe keeping, which may then

be made available to an investigation agency in order to further

process the complaint made to it.

19. The Union of India is also to file an affidavit in which it will update this

Court on the constitution and workings of the Central Oversight Body,

giving full particulars thereof. In addition, the Union of India is also

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directed to install CCTV cameras and recording equipment in the

offices of:

(i) Central Bureau of Investigation (CBI)

(ii) National Investigation Agency (NIA)

(iii) Enforcement Directorate (ED)

(iv) Narcotics Control Bureau (NCB)

(v) Department of Revenue Intelligence (DRI)

(vi) Serious Fraud Investigation Office (SFIO)

(vii) Any other agency which carries out interrogations and has the
power of arrest.

As most of these agencies carry out interrogation in their office(s),

CCTVs shall be compulsorily installed in all offices where such

interrogation and holding of accused takes place in the same manner

as it would in a police station.

The COB shall perform the same function as the SLOC for the offices

of investigative/enforcement agencies mentioned above both in Delhi

and outside Delhi wherever they be located.

20. The SLOC and the COB (where applicable) shall give directions to all

Police Stations, investigative/enforcement agencies to prominently

display at the entrance and inside the police stations/offices of

investigative/enforcement agencies about the coverage of the

concerned premises by CCTV. This shall be done by large posters in

English, Hindi and vernacular language. In addition to the above, it

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shall be clearly mentioned therein that a person has a right to

complain about human rights violations to the National/State Human

Rights Commission, Human Rights Court or the Superintendent of

Police or any other authority empowered to take cognizance of an

offence. It shall further mention that CCTV footage is preserved for a

certain minimum time period, which shall not be less than six months,

and the victim has a right to have the same secured in the event of

violation of his human rights.

21. Since these directions are in furtherance of the fundamental rights of

each citizen of India guaranteed under Article 21 of the Constitution

of India, and since nothing substantial has been done in this regard

for a period of over 2½ years since our first Order dated 03.04.2018,

the Executive/Administrative/police authorities are to implement this

Order both in letter and in spirit as soon as possible. Affidavits will be

filed by the Principal Secretary/Cabinet Secretary/Home Secretary of

each State/ Union Territory giving this Court a firm action plan with

exact timelines for compliance with today’s Order. This is to be done

within a period of six weeks from today.

22. We record our gratitude to Shri Siddhartha Dave, learned Amicus

Curiae, for rendering his services to this Court.

23. The Supreme Court registry to send a copy of this Order to all

Chief/Principal Secretaries of all the States and Union Territories,

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both by physical as well as electronic means, today itself.

24. List on 27.01.2021.

…………..………………J.

(R. F. Nariman)

……..……………………J.

(K.M. Joseph)

……..……………………J.

(Aniruddha Bose)
New Delhi.

December 02, 2020.

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