

The 3-judge bench of RF Nariman, KM Joseph and Anirudhha Bose, JJ has directed all the States and UTs to install CCTV cameras in all Police Stations and file compliance affidavits within 6 weeks.
In Paramvir Singh Saini v. Baljit Singh and Ors., the Bench noted that it had, in Shafhi Mohammad (2018) 5 SCC 311, directed that a Central Oversight Body be set up by the MHA to implement the plan of action with respect to the use of videography in the crime scene during the investigation. In Shafhi Mohammad, the Court had considered its own directions in DK Basu (2015) 8 SCC 744 and noted 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.” Further, in the present case, the Court had directed the various state respondents to furnish information as to the “exact position of CCTV cameras qua each Police Station as well as the constitution of Oversight Committees”. Lamenting the quality of the Action Taken Reports and affidavits filed by the States and the Union, the Bench
1. Prescribed the composition of the State Level Oversight Committee and District Level Oversight Committee.
2. Listed the obligations and duties of the SLOC and DLOC as regards maintenance and running of the CCTVs to be installed in the police stations.
3. Directed that the Finance Departments of the States and Union Territories immediately allocate the necessary funds.
4. Directed that the SHO of every police station be held responsible for the functioning of the CCTVs, data maintenance etc. and be accountable to remote information of a CCTV malfunction immediately to the DLOC.
5. Directed that each space of the police station (barring the interior of the washrooms) be covered by CCTV.
6. Directed that all CCTVs must be equipped with audio, video, night vision and data ought to be preserved for at least 12 months, and then 18 months.
7. Directed that Human Rights Courts be set up under Section 30 of the Protection of Human Rights Act 1993 in every district.
8. Directed that the Union set up the CCTV system in the offices of the NIA, ED, CBI, NCB, SFIO and any other agency which has the powers of arrest.
9. Directed that the SLOC and DLOC be directed to inform the visitors of the CCTV footage by way of posters in English, Hindi and vernacular languages in the police stations as also the allied offices like CBI, SFIO etc. [Key Words: Human Rights Courts, DK Basu, Article 221, Section 161(3) CrPC] [Coram: R.F. Nariman, J., K.M. Joseph, J., Aniruddha Bose, J.]
In Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801[1]the Court had 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.
Earlier, 14 States and 2 UTs had filed compliance affidavits but the Court noticed that the majority of the Compliance Affidavits and Action Taken Reports failed to disclose the exact position of CCTV cameras qua each Police Station. It hence, directed that the Compliance Affidavit is to be done by ALL the States and Union Territories, including those who have filed ‘so-called’ compliance affidavits.
The directions issued by the Court include:
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 6 from the DLOC; and
e) To call for monthly reports from the DLOC and immediately address any concerns like faulty equipment.
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 (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.
“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.”
“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.”
Directions to Union of India
(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.”
How will installation of CCTV Cameras curb custodial violence?
“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.”
What is to be done if force used at Police Stations?
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.
Paramvir Singh Saini v. Baljit Singh and Ors. 2020 SCC OnLine SC 983, decided on 02.12.2020]