The Supreme Court has ordered the Centre, States and Union Territories Government to provide information on the status to its December 2020 order to install CCTV cameras in all police stations.
In 2020, a bench headed by Justice R.F. Nariman also asked the Central Bureau of Investigation(CBI), the Directorate of Enforcement(ED), and the National Investigation Agency(NIA) to install cameras in its offices as well.
The court ordered directives for the installation of CCTV cameras in order to reduce instances of custodial torture.
A bench of Justice B.R. Gavai, Justice Vikram Nath, and Justice Sanjay Karol recently directed the appropriate governments to file compliance reports by March 29.
Senior Advocate Siddhartha Dave, the amicus curiae in the case, informed the Court that many agencies under the Union of India and various state governments had failed to comply with the directives.
Non-compliance with the court’s orders, the bench warned, would result in ‘necessary steps’ being taken against the concerned officials.
“We clarify that, in the event the directions, as issued by this Court, are not complied with by the Union of India and the respective State Governments/Union Territories, we shall be compelled to take such steps as found necessary against the Secretary (Home), Union of India as well as the Chief Secretary and the Secretary (Home) of the respective State Governments”, the bench ordered.
The bench headed by Justice Nariman categorically stated more than two years ago that, since the aforementioned directives were issued “in furtherance of the fundamental rights of each and every citizen of India guaranteed under Article 21 of the Constitution,” they would have to be carried out “both in letter and in spirit as soon as possible” by the relevant executive, administrative, or police authorities.
The court expressed shock that, in the nearly three years since their initial order in April 2018, “nothing substantive” had been done in this regard. The court criticised the union administration for “dragging their steps” in the case in March 2021.
In accordance with the instructions, CCTV cameras must be installed, among other places, at all points of entry and exit, including the police station’s main gate, in front of the compound as well as in the back, in lobby or reception areas, corridors, verandas or outhouses, station halls, and rooms belonging to inspectors, sub-inspectors, and duty officers, as well as inside and outside lock-up rooms and outside restrooms.
The surveillance systems must have night vision capabilities and be able to broadcast both audio and video. The court had argued that victims of incarceration torture would have the right to request CCTV recordings of police and other government agencies questioning them.
The subject will next be addressed again on April 18, 2023.
