TaxTMI 
TaxTMI 
2020 (12) TMI 1222
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....ions issued in D.K. Basu Vs. State of West Bengal & Others (2015) 8 SCC 744, held that there was a need for further directions that in every State an oversight mechanism be created whereby an independent committee can study the CCTV camera footages and periodically publish a report of its observations thereon. The COB was further directed to issue appropriate instructions in this regard at the earliest. 3. This Court further directed that the COB may issue appropriate directions from time to time so as to ensure that use of videography becomes a reality in a phased manner, the first phase of which be implemented by 15.07.2018. The crime scene videography ought to be introduced at least at some places as per viability and priority determined by the COB. 4. Pursuant to the aforesaid directions a COB was constituted by the Ministry of Home Affairs on 09.05.2018 (as per the Affidavit 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 dire....
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....ll the States and Union Territories are to be filed, as has been stated earlier, by either the Principal Secretary of the State or the Secretary, Home Department of the States/Union Territories. This is to be done by all the States and Union Territories, including those who have filed so-called compliance affidavits till date, stating the details mentioned in paragraph 8 of this Order. These affidavits are to be filed within a period of six weeks from today. 10. So far as constitution of Oversight Committees in accordance with our Order dated 03.04.2018 is concerned, this should be done at the State and District levels. The State Level Oversight Committee (hereinafter referred to as the "SLOC") 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. 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/ Regio....
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....ately request the SLOC for repair and purchase of the equipment, which shall be done immediately. 15.The Director General/Inspector General of Police of each State and Union Territory should issue directions to the person in charge of a Police Station to entrust the SHO of the concerned Police Station with the responsibility of assessing the working condition of the CCTV cameras installed in the police station and also to take corrective action to restore the functioning of all non-functional CCTV cameras. The SHO should also be made responsible for CCTV data maintenance, backup of data, fault rectification etc. 16.The State and Union Territory Governments should ensure that CCTV cameras are installed in each and every Police Station functioning in the respective State and/or Union Territory. Further, in order to ensure that no part of a Police Station is left uncovered, it is imperative to ensure that CCTV cameras are installed at all entry and exit points; main gate of the police 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 ....
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....er to further process the complaint made to it. 19.The Union of India is also to file an affidavit in which it will update this 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 they be located. 20.The SLOC and the COB (where a....