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        2020 (12) TMI 1222 - SC - Indian Laws

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        Mandatory CCTV coverage, oversight and footage preservation were ordered to strengthen accountability in custodial and police settings. The Supreme Court issued binding directions for universal CCTV coverage in police stations and in offices of investigative and enforcement agencies ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Mandatory CCTV coverage, oversight and footage preservation were ordered to strengthen accountability in custodial and police settings.

                          The Supreme Court issued binding directions for universal CCTV coverage in police stations and in offices of investigative and enforcement agencies exercising arrest or interrogation powers, requiring functional cameras, night-vision capability, audio-video recording, power backup where needed and preservation of footage for a substantial period. It also mandated a two-tier oversight system through State and District Level Oversight Committees to supervise procurement, installation, maintenance, monitoring, grievance redressal and corrective action. Access to CCTV footage was linked to complaints of custodial abuse and other human rights violations, with footage to be secured for inquiry or investigation and public notice of the remedy to be displayed prominently.




                          Issues: (i) whether comprehensive directions were required for installation, operation, maintenance and data preservation of CCTV systems in police stations and certain investigating agencies; (ii) whether a structured oversight mechanism at State and district levels was required for monitoring compliance and addressing faults; and (iii) whether access to CCTV footage had to be ensured for redressal of custodial abuse and other human rights violations.

                          Issue (i): whether comprehensive directions were required for installation, operation, maintenance and data preservation of CCTV systems in police stations and certain investigating agencies.

                          Analysis: The Court found that the compliance material placed before it did not disclose the actual position of CCTV coverage, functionality, recording capacity or storage arrangements. It therefore directed installation of CCTV cameras in every police station and in offices of investigative and enforcement agencies where interrogation and arrest powers are exercised, with coverage of all important points, night vision, audio-video recording, power back-up where needed, and storage of footage for a substantial period.

                          Conclusion: The Court held that CCTV installation, functional recording and long-duration preservation of footage were mandatory.

                          Issue (ii): whether a structured oversight mechanism at State and district levels was required for monitoring compliance and addressing faults.

                          Analysis: The Court required States and Union Territories to constitute State Level Oversight Committees and District Level Oversight Committees with specified composition and duties. These bodies were tasked with procurement, installation, maintenance, monitoring, grievance redressal, reporting and immediate corrective action, while the concerned Station House Officer was made responsible for day-to-day functioning and reporting of defects.

                          Conclusion: The Court held that a mandatory two-tier oversight mechanism had to be implemented for effective supervision of CCTV compliance.

                          Issue (iii): whether access to CCTV footage had to be ensured for redressal of custodial abuse and other human rights violations.

                          Analysis: The Court linked the directions to the protection of fundamental rights and to the statutory role of Human Rights Commissions and Human Rights Courts. It directed that complaints of serious injury or custodial deaths could be examined with the aid of CCTV footage, which could be summoned and secured for inquiry or investigation, and that public notice of the availability of such remedies be displayed prominently.

                          Conclusion: The Court held that access to CCTV footage had to be secured as part of the remedial framework for human rights violations.

                          Final Conclusion: The order issued binding directions to all States, Union Territories and specified central agencies for universal CCTV coverage, independent oversight, and preservation of footage to strengthen accountability in police and custodial settings.

                          Ratio Decidendi: Where custodial protection of fundamental rights is at stake, the State must ensure effective surveillance, independent oversight and preservation of CCTV evidence so that human rights violations can be monitored, investigated and redressed.


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                          ActsIncome Tax
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