2020 (12) TMI 1222 - SC - Indian Laws

Supreme Court mandates Central Oversight Body for crime scene videography, emphasizes CCTV compliance and accountability

The Supreme Court directed the Ministry of Home Affairs to establish a Central Oversight Body for videography at crime scenes. It mandated comprehensive ... Crime scene videography - Central Oversight Body - State Level Oversight Committee - District Level Oversight Committee - CCTV installation in police stations - duties of the Station House Officer - maintenance, recording and preservation of CCTV footage - installation of CCTV in investigative/enforcement agencies' offices - right to complain and to secure CCTV footage for redressal of human rights violations - budgetary allocation by State/Union Territory Finance Departments - display of CCTV coverage and notice of preservation period - Article 21Crime scene videography - Central Oversight Body - Implementation of crime scene videography to be overseen by a Central Oversight Body and phased implementation as directed in Shafhi Mohammad. - HELD THAT: - The Court recorded the earlier direction to constitute a Central Oversight Body (COB) to oversee implementation of photography and videography at crime scenes and reiterated that COB must issue directions to ensure phased implementation, with the first phase to be implemented by the date earlier fixed by the Court. The COB was accordingly constituted and directed to issue appropriate instructions, monitor implementation, and report. The Court noted deficiencies in compliance affidavits and required fuller particulars from States/Union Territories. The direction is founded on the need identified in Shafhi Mohammad to have an oversight mechanism to study and publish observations on CCTV footage and to mainstream videography in investigations. [Paras 2, 3, 4, 5, 6]COB to oversee and direct phased implementation of crime scene videography; States/UTs to comply with the Court's earlier directions and furnish particulars.State Level Oversight Committee - District Level Oversight Committee - Constitution, composition and duties of State Level Oversight Committees (SLOC) and District Level Oversight Committees (DLOC). - HELD THAT: - The Court prescribed the composition of SLOCs and DLOCs and enumerated their functions. SLOCs must include senior administrative, police and women's commission representation and are responsible for procurement, budgetary allocation, monitoring, inspections, grievance redressal and calling monthly reports from DLOCs. DLOCs must include divisional/revenue and district administrative and police heads and local elected head(s), and are charged with supervision, upkeep, interaction with SHOs, monthly reporting to SLOCs and periodic review of stored footage for unreported human rights violations. These institutional structures are directed to ensure effective implementation and oversight of CCTV systems in police stations. [Paras 10, 11, 12]States/UTs must constitute SLOCs and DLOCs with the prescribed composition and ensure they discharge the listed duties.CCTV installation in police stations - maintenance, recording and preservation of CCTV footage - display of CCTV coverage and notice of preservation period - Mandate to install CCTV systems with specified coverage, audio-visual capability and minimum preservation period for footage in all police stations and public-facing areas of stations. - HELD THAT: - The Court directed that CCTV cameras be installed in every police station and enumerated coverage areas (entry/exit points, lock-ups, corridors, reception, rooms, compound, outside washrooms, duty rooms etc.) so that no part is left uncovered. Systems must have night vision and audio, and where electricity/internet are lacking, States/UTs must provide power (including renewable sources) and adequate internet. Storage must be on DVR/NVR and preserved for 18 months where commercially feasible; otherwise equipment purchased must provide the maximum available storage but not less than one year, with a review to procure 18-month capacity when available. The SLOC/COB must ensure prominent display of coverage and the preservation period in English, Hindi and vernacular languages, including notice of the right to secure footage in case of human rights violations. [Paras 16, 17, 20]All police stations must have audio-visual CCTV coverage in specified areas with recording and preservation of footage for the prescribed minimum period; States/UTs to ensure necessary power, internet and appropriate recording equipment.Duties of the Station House Officer - budgetary allocation by State/Union Territory Finance Departments - Assignment of responsibility to the Station House Officer for CCTV functioning and data management, and obligation on Finance Departments to allocate funds. - HELD THAT: - The Court assigned the duty and responsibility for CCTV working, maintenance and recording to the SHO of the concerned police station, including assessing camera condition, reporting faults, data maintenance and backup, and forwarding records to DLOC where equipment is non-functional. DLOCs must request SLOCs for repairs and purchases which shall be effected immediately. The Court emphasised that adequate funds must be allocated by State/UT Finance Departments at the earliest to implement these measures. [Paras 13, 14, 15]SHOs to be made responsible for CCTV functioning and data management; Finance Departments must allocate necessary funds promptly.Installation of CCTV in investigative/enforcement agencies' offices - Central Oversight Body - right to complain and to secure CCTV footage for redressal of human rights violations - Requirement to install CCTV and recording equipment in specified central investigative/enforcement agencies' offices and the role of COB and relief mechanisms for custodial human rights violations. - HELD THAT: - The Court directed the Union to install CCTV systems with recording in offices of CBI, NIA, ED, NCB, DRI, SFIO and any other agency conducting interrogations and detentions, and to have the COB perform oversight for these offices. The Court observed that when force in police stations causes serious injury or custodial deaths, complainants must be free to seek redress before State Human Rights Commissions and Human Rights Courts (to be set up under the Act), which may summon and secure CCTV footage for safekeeping and make it available to investigative agencies. The Union was directed to file an affidavit updating the Court on COB constitution and workings and on installation in these agencies. [Paras 18, 19]Central agencies' interrogation/holding premises must have CCTV with recording under COB oversight; human rights fora may summon and secure footage for redressal.Central Oversight Body - compliance affidavits - Requirement for States/Union Territories and the Union to file detailed compliance affidavits and action plans within specified timelines. - HELD THAT: - The Court found that many compliance affidavits lacked requisite particulars about number, positioning, functionality and recording capacity of CCTV cameras and about oversight committees. It directed all States/UTs to file comprehensive compliance affidavits by the Principal Secretary/Cabinet Secretary/Home Secretary providing those details within six weeks. It further directed that Principal Secretary/Cabinet Secretary/Home Secretary of each State/UT file a firm action plan with exact timelines for compliance within six weeks and that the Supreme Court Registry send copies of the Order to all Chief/Principal Secretaries. A listing was directed for a specified date. [Paras 8, 9, 21, 23]All States/UTs and the Union to file detailed affidavits and action plans within six weeks; Registry to circulate Order and matter to be listed as directed.Final Conclusion: The Court directed comprehensive nationwide implementation of audio-visual videography and oversight in police stations and investigative agencies by prescribing institutional structures (COB, SLOCs, DLOCs), technical standards, preservation periods, responsibilities (including of SHOs and Finance Departments), remedies for human rights violations and filing of compliance affidavits within fixed timelines; the Union and States/UTs are to comply accordingly. Issues Involved:1. Implementation of videography in crime scene investigations.2. Compliance with previous court orders regarding CCTV installation in police stations.3. Constitution and duties of State and District Level Oversight Committees.4. Allocation of funds for CCTV installation and maintenance.5. Responsibilities of police officers regarding CCTV functionality.6. Installation of CCTV cameras in investigative and enforcement agency offices.7. Public awareness of CCTV coverage and rights regarding human rights violations.Issue-wise Detailed Analysis:1. Implementation of Videography in Crime Scene Investigations:The Supreme Court directed the Ministry of Home Affairs to set up a Central Oversight Body (COB) to implement the use of videography at crime scenes. This directive was based on the necessity for videography as highlighted in the case of Shafhi Mohammad v. State of Himachal Pradesh (2018) 5 SCC 311. The COB was tasked with issuing instructions to ensure phased implementation, with crime scene videography being introduced as per viability and priority.2. Compliance with Previous Court Orders Regarding CCTV Installation in Police Stations:The Court noted that compliance affidavits and action taken reports from various states and union territories were inadequate. These affidavits lacked details on the number of police stations, CCTV cameras installed, their positioning, working condition, and recording capabilities. The Court mandated that comprehensive compliance affidavits be filed by the Principal Secretary or Secretary, Home Department of the respective states/union territories within six weeks.3. Constitution and Duties of State and District Level Oversight Committees:The Court ordered the constitution of State Level Oversight Committees (SLOC) and District Level Oversight Committees (DLOC). The SLOC should include officials from the Home and Finance Departments, the Director General/Inspector General of Police, and a member of the State Women’s Commission. The DLOC should include the Divisional Commissioner, District Magistrate, Superintendent of Police, and a local municipal or Zilla Panchayat head. These committees are responsible for the purchase, distribution, installation, and maintenance of CCTVs, addressing grievances, and ensuring compliance with court directives.4. Allocation of Funds for CCTV Installation and Maintenance:The Court emphasized the necessity of adequate funds for the installation and maintenance of CCTV systems. The Finance Departments of states and union territories were directed to allocate the required funds promptly to ensure the implementation of the Court’s orders.5. Responsibilities of Police Officers Regarding CCTV Functionality:The Station House Officer (SHO) of each police station was assigned the duty of ensuring the working, maintenance, and recording of CCTV systems. The SHO must report any malfunction or non-functioning of CCTVs to the DLOC, which in turn should seek immediate repair or replacement from the SLOC. The SHO is also responsible for maintaining CCTV data and ensuring backup.6. Installation of CCTV Cameras in Investigative and Enforcement Agency Offices:The Union of India was directed to install CCTV cameras in the offices of various central agencies, including the CBI, NIA, ED, NCB, DRI, and SFIO. The COB was tasked with overseeing the implementation of these directives in these agencies, similar to the role of the SLOC in police stations.7. Public Awareness of CCTV Coverage and Rights Regarding Human Rights Violations:The Court mandated that police stations and investigative agency offices prominently display information about CCTV coverage and citizens’ rights regarding human rights violations. This includes the right to complain to the National/State Human Rights Commission or Human Rights Court, and the preservation of CCTV footage for a minimum period of six months.Conclusion:The Supreme Court's judgment emphasized the importance of implementing videography in crime scene investigations and ensuring comprehensive CCTV coverage in police stations and investigative agencies to safeguard human rights. The Court outlined specific responsibilities for oversight committees, police officers, and government departments to ensure compliance and accountability. The directives aim to enhance transparency and accountability in law enforcement practices, thereby protecting the fundamental rights of citizens under Article 21 of the Constitution of India.