New Delhi, December 02, 2020: The Supreme Court in a landmark Judgment, has held that the victims have the right to get the copy of CCTV footage of interrogation, has a right to complain about human rights violations by investigating agencies like police, CBI, NIA, ED Etc and also to approach the National/State Human Rights Commission, Human Rights Court or Superintendent of Police or any other authority empowered to take cognizance of an offence.

The Supreme Court Bench of Justices RF Nariman, KM Joseph and Aniruddha Bose observed "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 time 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."

The Supreme Court has directed the Central Government to install CCTV cameras and recording equipment in the offices of Central Agencies like Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), Narcotics Control Bureau (NCB), Department of Revenue Intelligence (DRI) and Serious Fraud Investigation Office (SFIO) and that it should also be installed in the offices of any other agency which carries out interrogations and has the power of arrest.

The Central Government was also asked to file an affidavit on the constitution and workings of the Central Oversight Body (COB). The Court added that the COB has to perform the same function as the SLOC for the offices of investigative/enforcement agencies both in Delhi and outside Delhi wherever they be located.

The Supreme Court further directed that"The SLOC and the COB shall give 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 coverage of the concerned premises by CCTV.

The 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:
(i) The Secretary/Additional Secretary, Home Department;
(ii) Secretary/Additional Secretary, Finance Department;
(iii) The Director General/Inspector General of Police; and
(iv) The Chairperson/member of the State Women’s Commission.

So far as the District Level Oversight Committee 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.

This shall be done by large posters 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 time 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.", the bench added.

The Supreme Court issued these directives while disposing SLP filed by one Paramvir Singh Saini, which raised issues regarding audio-video recordings of statements and the installation of CCTV cameras in police stations generally.

The court, while impleading the states and Union Territories, had noted that in Shafhi Mohammad v. State of Himachal Pradesh (2018) 5 SCC 311, it was directed that the first phase of implementation of crime scene videography must be introduced by 15th July, 2018, at least at some places as per viability and priority determined by the COB.

It was also directed therein that with a view to check human rights abuse, CCTV cameras be installed in all police stations as well as in prisons. This is to be done within a period of six weeks from today." the bench said in the judgment.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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