In a landmark ruling on Wednesday, the Supreme Court ordered the government to ensure the installation of surveillance cameras and recording equipment in all interrogation rooms that have been locked up by various investigative agencies.
In addition to the police, the SC ruling also applies to investigative authorities such as the CBI, the ED and the NIA.
A bank led by Justice RF Nariman said states and Union Territories (UTs) should ensure that CCTV cameras are installed at every police station, at all entry and exit points, at the main gate, at the barriers, in the corridors, in the Areas outside of the storage rooms are also installed in the lobby and at the reception, so that no part is left uncovered.
In order to control the torture in custody, the Supreme Court ordered the installation of surveillance cameras in police stations in 2018.
On Tuesday, it said that the CCTVs must be equipped with night vision and audio facilities and be able to record footage. The Center, States and UTs must acquire systems that allow data to be stored for the maximum possible period of at least one year, the Supervisory Committee decided.
“In addition, the Union of India is instructed to place surveillance cameras and recording devices in the offices of the Central Bureau of Investigation, the National Investigation Agency, the Enforcement Directorate, the Narcotics Control Bureau, the Department of Revenue Intelligence and the Serious Fraud Investigation Office (SFIO) to install), any other agency that conducts interrogation and has the power to arrest, ”said the bank, which also included Judges KM Joseph and Aniruddha Bose.
“With most of these agencies conducting interrogation in their offices, video surveillance equipment must be installed in all offices where the questioning and detaining of defendants is done in the same way as in a police station,” the bank said in his order.
The Supreme Court said it had brought all states and UTs into the matter in September this year to find out the exact location of the CCTV cameras in each police station, as well as the formation of surveillance committees according to the April 3, 2018 order.
The Apex Court took note of a case in July of this year in which it ordered the installation of surveillance cameras in all police stations to check human rights violations and the videography of the crime scene and to set up a central oversight committee and body in each state and Territory of the union.
In its 12-page order, the bank noted that by November 24, affidavits and reports of actions taken had been filed by 14 states, and most of them failed to disclose the exact location of the surveillance cameras in each police station and other details.
The state-level supervisory committee (SLOC) must consist of a secretary or an additional secretary from the Home Department, a secretary or an additional secretary from the Finance Department. Director General or Inspector General of the Police and Chairperson or member of the State Women’s Commission.
The district-level oversight committee (DLOC) should include: division commissioner or regional commissioner or district finance commissioner, district judge and superintendent of police and mayor of a parish within the district, or leader of zilla panchayat in rural areas.
The tasks of the SLOC were also identified, which included the purchase, distribution and installation of video surveillance equipment and devices in order to obtain the allocation of funds for them.
The DLOC is required, among other things, to interact with the station officer (SHO) about its functioning and to check the footage stored by CCTVs in various police stations in order to “look for human rights violations that may have occurred but are not reported”.
It is said that the states and UTs provide adequate funds for this at the earliest.
The duty and responsibility for the work, maintenance and recording of video surveillance devices lies with the SHO of the police station concerned.
In areas where there is either no electricity or no internet, be it the duty of states and UTs to provide it expeditiously with any type of electricity, including solar or wind.
“Whenever there is information about the use of force at police stations resulting in serious injuries and / or deaths in detention, it is necessary that people can freely complain about reparations,” it said.
The SLOC and the central supervisory authority are to give instructions to all police stations and authorities to make the offices of the investigative authorities clearly visible at the entrance and within the police stations about the coverage of the affected premises by video surveillance. Hindi and colloquial language.
“It is also mentioned that CCTV material is kept for a certain minimum period of time not less than six months and the victim has the right to secure the same in case of violation of their human rights,” it said.
The authorities would implement their order “in letter and spirit” as soon as possible.
The bank, which released the matter for hearing on Jan. 27, said that each state’s chief secretary or cabinet secretary or home secretary and the UTs must file affidavits within six weeks in order to establish a firm plan of action with a precise schedule for compliance with the order to submit.
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