Paramvir Singh Saini v. Baljit Singh & Ors.
The following Order of the Court was passed by
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 learne d 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
PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.
(hereinafter referred to as the “COB”) be set up by t he Ministry of
Home Affairs to implement the plan of action with respect to the use of
videography in the crime scene during the investigation. This Court,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 observati ons thereon.
The COB was further directed to issue appropriate instructi ons 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 phas e 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 T erritory
Government and other Central Agencies, to suggest the possibi lity of
setting up a Central Server for implementation of videograp hy, and to
issue appropriate directions so as to ensure that use of videography
becomes a reality in a phased manner. Accordingly, directions w ere
issued to the Administrators of the Union Territory, State 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 Af fairs 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 ca meras
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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, Comp liance
Affidavits and Action Taken Reports were filed by 14 S tates (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.
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 re spect 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 camer as 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 constitu ted 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 State s/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
State and District levels. The State Level Oversigh t 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; a nd
(iv) The Chairperson/member of the State Women’s Commission.
PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.
[R.F. NARIMAN, J.]
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 direct ions
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 grievance s
received 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 (herein after
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
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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 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 policestation during the said period and forward the
said record to the DLOC.If the concerned SHO has re ported
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 e ach
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 camer as. The
SHO should also be made responsible for CCTV data maintenanc e,
backup of data, fault rectification etc.
16. The State and Union Territory Governments should ensure
that CCTV cameras are installed in each and every Polic e Station
functioning in the respective State and/or Union Territor y. Further, in
order to ensure that no part of a Police Station is left unc overed, it is
imperative to ensure that CCTV cameras are installed a t all entry and
exit points; main gate of the police station; all lock- ups; all corridors;
lobby/the reception area; all verandas/out houses, 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 equip ped
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
PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.
[R.F. NARIMAN, J.]
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 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 f iled 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 redress al 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 imm ediately
summon CCTV camera footage in relation to the incident f or 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 th e Central
Oversight Body, giving full particulars thereof. In addition, the Union of
India is also directed to install CCTV cameras and recording equipment
in the offices of:
(i) Central Bureau of Investigation (CBI)
(ii) National Investigation Agency (NIA)
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(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 ha s
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 t he
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 g ive
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 cove rage of the
concerned premises by CCTV. This shall be done by large pos ters in
English, Hindi and vernacular language. In addition to the above, it 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 tim e 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 fundam ental
rights of each citizen of India guaranteed under Artic le 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 firs t Order dated
03.04.2018, the Executive/Administrative/police autho rities are to
implement this Order both in letter and in spirit as soon a s 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.
PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.
[R.F. NARIMAN, J.]
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, both
by physical as well as electronic means, today itself.
24. List on 27.01.2021.
Devika Gujral Directions issued