TMI Blog2021 (4) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... majority of the affidavits reports failed to disclose the exact positioning of the CCTV cameras and are bereft of details with regard to the total number of CCTV cameras, their working condition, whether they have recording facilities and for how many days/weeks the data will be stored. Thus the need for comprehensive videography, and the installation of CCTV cameras in all investigating agencies has been recognised and directions issued as early as in 2018. This appears to be a work in progress. Meanwhile Courts continue to be flooded with writ petitions of the present nature putting forth allegations and apprehensions of abuse and torture, both perceived and justified. This would be obviated had a mechanism been put in place to ensure recording of the investigation. Such a process would seek to serve the interests of not only the person under investigation, but also the investigating agency. In the absence of any instructions that are reported regarding the status of CCTV cameras in the DRI offices at Kolkata, it is directed that the process of investigation of the petitioners be videographed and the data stored till completion of the proceedings. - W.P. Nos.15190, 15196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have already been issued summons by the authorities of the Directorate of Revenue Intelligence (DRI), Chennai and statements have been recorded from them. They deny their involvement in any illegal activities and would plead that they are only employees working for monthly salary and thus unconnected with any alleged illegal transactions engaged in by their employers or other third parties. The legal case put forth by them is that once proceedings have been initiated by DRI in Chennai and statements recorded, the DRI in Kolkatta cannot re-initiate or continue the proceedings. The statements recorded by the DRI have, in fact, been retracted by them. 7.The impugned summons does not give any inkling as to any adverse material that has been found linking them to the offending proceedings. The provisions of Section 108 vest authority in the officials to issue summons only for the purpose of giving evidence or production of documents or other items in their possession or control. As regards this, the impugned summons says NA to both parameters and hence there could be no other valid purpose for which they would be summoned, except to harass them. 8. The decisions relied upon b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... footing, though the request made by her is the same, i.e., that the enquiry in her case should be conducted from Chennai and she should not be asked to travel to Kolkata. Mrs.Radha Gopalan, learned counsel for Ms.G.P.Bhargavi, learned counsel for the petitioner, would urge a humanitarian approach rather than a legalistic one. She places on record a medical report of the petitioner dated 12.06.2020 (page 5 of the typed set of papers dated 07.10.2020) to the effect that she had tested positive for COVID and is recovering from the after-effects presently. On affidavit, she also states that she has absolutely no involvement whatsoever in the business activity of Mundhra and is in employment with a private hospital drawing a monthly salary. Though the affidavit is silent with regard to any medical disability, Mrs.Gopalan would submit in the course of oral argument that the Director is unwell, suffering various complications from COVID and should be permitted to attend the proceedings from Chennai or be enquired from Chennai. 13. In the last matter as above, i.e., W.P.No.15058 of 2020, no objection is expressed by Mr.Sundareswaran, learned Senior Panel Counsel for the respondents, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the present case, the petitioners are a freelance Accountant and employees of the firm under investigation. In my view, there can be no hard and fast rule in this regard and one must pay heed to the relevant circumstances at play, on a case on case basis. 18. On the challenge to the summon itself in MM Exports (supra), the Supreme Court considered a challenge to a show cause notice commencing proceedings for adjudication under Section 28 of the Act. The Bench is categoric that, as far as possible, the High Court should not interfere in a summons issued, except in exceptional cases. In my considered view, the facts as noticed above do not bring these cases within the ambit of exceptional circumstances . 19. The submissions to the effect that once proceedings have been initiated by one authority, they should be continued in the same location and that there could be no recall of a witness do not impress. The role of the petitioners in the transaction is yet to be determined and it would inappropriate for this Court to intervene at this stage. I thus dismiss W.P.Nos.15190, 15192, 15193, 15196, 15198 and 17166 of 2020 and reject the challenge to the summons. 20. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... COB) with all necessary funds and resources at its disposal for use of videography in a phased manner. The official funding was to be by the Central Government. 23. It was the submission of the Additional Solicitor General therein that the process of videography will help investigation and body-worn cameras will act as deterrent against anti-social behaviour and act as a tool for the collection of evidence. There is no doubt that the use of videography will advance the interests of justice and the concerned investigation agency, by providing for videography and closed circuit T.V. (CCTV) will enhance their methods of investigation, interrogation and enquiry to levels of sophistication that are expected to take such procedures out of the realm of challenges by assessees or persons under interrogation. 24. A Committee of experts appears to have been constituted to prepare a road map and standard operating procedure, and the response of various States have been sought. Central investigation agencies are also said to have supported this concept. After taking into account all these aspects, the Bench records that a centrally driven plan of action is the right approach and the plan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dies where the installation of CCTV cameras and recordings equipment is mandatory. I extract paras 19, 20 and 21 hereunder: 19. The Union of India is also to file an affidavit in which it will update his Court on the constitution and workings of the Central Oversight Body,giving full particulars thereof. In addition, the Union of India is also directed to install CCTV cameras and recording equipment in the offices of: (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. The COB shall perform the same function as the SLOC for the offices of investigative/enforcement agencies mentioned above both in Delhi and outside Delhi wherever ..... X X X X Extracts X X X X X X X X Extracts X X X X
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