TMI Blog2020 (12) TMI 1222X X X X Extracts X X X X X X X X Extracts X X X X ..... ly request the SLOC for repair and purchase of the equipment, which shall be done immediately. The SLOC and the COB (where applicable) 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. 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. Since these directions are in furtherance of the fundamental rights of each citizen of India guaranteed under Article 21 of the Constitution of India, and since nothing substantial has been done in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vit dated 26.07.2018) to oversee the implementation of the use of photography and videography in the crime scene by the State / Union Territory Government and other Central Agencies, to suggest the possibility of setting up a Central Server for implementation of videography, and to issue appropriate directions so as to ensure that use of videography becomes a reality in a phased manner. Accordingly, directions were 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 Affairs 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, im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Police; and (iv) The Chairperson/member of the State Women s Commission. 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 directions 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 grievances 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) Super ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... station; all lock-ups; all corridors; lobby/the reception area; all verandas/outhouses, Inspector's room; SubInspector'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 equipped 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 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 reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. 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. 21. Since these directions are in furtherance of the fundamental rights of each citizen of India guaranteed under Article 21 of the Constitution of India, and since nothing ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
