Sumit Nayyar
A matter of public concern is that the Government of the UT of J and K have failed to discharge their duties regarding the implementation of Hon’ble Supreme Court directions in the matter Titled Paramvir Singh Saini Versus Baljit Singh and ORS regarding the installation of CCTV cameras in all the police stations in the UT of J and K. Despite that Hon’ble Apex 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 be set up by the Ministry of Home Affairs to implement the plan of action with respect to the use of videography in the crime scene during the investigation. While considering the directions issued in D.K. Basu Vs. State of West Bengal & Others (2015) 8 SCC 744, it had 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 and further the Hon’ble Supreme Court has passed directions for constitution of “Oversight Committees” at the State (State Level Oversight Committee) and District (District Level Oversight Committee) level for ongoing installation and maintenance of CCTVs in Police Stations across all UTs and States while it directed Finance Departments of all UTs and States to allocate fund for it.
The State Level Oversight Committee must consist of:
* The Secretary/Additional Secretary, Home Department;
* Secretary/Additional Secretary, Finance Department;
* The Director General/Inspector General of Police; and
* The Chairperson/member of the State Women’s Commission.
So far as the District Level Oversight Committee is concerned, this should comprise of:
* The Divisional Commissioner/ Commissioner of Divisions/ Regional Commissioner/ Revenue Commissioner Division of the District (by whatever name called);
*The District Magistrate of the District;
* A Superintendent of Police of that District; and
* A mayor of a municipality within the District/ a Head of the Zilla Panchayat in rural areas.
Hon’ble Apex Court has passed the slew of directions in the matter Paramvir Singh Saini Versus Baljit Singh and Ors which are reproduced below as under-
“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.
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; 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.
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. 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 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.
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.
Despite passing the various directions by the Hon’ble Supreme Court there are no implementation of the directions by the Government of the UT of J and K till date and nothing has been done with regard to the installation of the CCTV cameras in all the police stations of the UT of J and K.
These directions are in furtherance of the fundamental rights of each citizen of India guaranteed under Article 21 of the Constitution of India, and the Executive/Administrative/police authorities are to implement this Order both in letter and in spirit as soon as possible. Even the Government of the UT of J and K are bound for compliance of the Hon’ble Apex Court directions. And in our UT there is immediate need of the hour to implement the directions of the Hon’ble Apex court to uphold the protection of the human rights and fundamental rights of the citizens and to bring in a proper transparency in the process of investigations in police stations, to keep a record both audio and video of unwarranted use of force against accused of different crimes during the interrogation and get check against the use of force/ abusive language after when the person got bail from the Courts and during the investigations authorities have adopted wrong approaches for satisfying their ego. There are numerous complaints in the Hon’ble Courts regarding people who were abused at police stations and even were threatened and insulted. There are various instances of coercion against the public as well as the witnesses to give even false statements. Even those who had been summoned to the police stations in helping the investigations are treated as criminals and made to wait for hours. So, installation of CCTV cameras therefore would go a long way in containing and controlling such practices, if any and at the same time ensuring that the integrity of investigations remained quite satisfactory and up to the mark.
That as on date the directives are not taken with the required seriousness by the Government of the UT of J&K CCTV cameras create confidence among the people and promote required professionalism in the police force. Therefore CCTV cameras shall play a vital role but functioning of the CCTV cameras should not be limited to one time installation but those units should function round the clock and even have night vision devices fitted or a mechanism where activities during night too should get recorded. The main objective of the installation of the CCTV cameras is to keep watch on the functioning of the police agencies during investigations and also to protect the human rights and fundamental rights of the people of the country.
(The author is Advocate J and K High Court)
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