Argument By Police That CCTV In The Police Station Was Not Working Can't Be Accepted: Bombay High Court

The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar further observed,

"This cannot be allowed to happen as the purpose behind installing the CCTV system itself is defeated when such submissions are accepted."

The Court was hearing the plea of one Wajid, who alleged custodial harassment by police and when he asked for the CCTV Footage of the police station, the same was denied to him and so he moved the HC.

Before the Court, the Addl. Public Prosecutor produced the communication of the Asstt. Police Inspector, Umarga Sub-Division of Police.

The Communications stated that the CCTV footage of the police station of the relevant day was not available as on that date system of CCTV was not working.

To this, the Court said that this was not the first instance when the concerned police station had informed that CCTV system was not working.

The Court further noted that some specific directions are given by this Court at this seat and at the Principal Seat also to see that CCTV systems are installed in every police station and it should cover lockup and other portion of police station.

To this, the Court said,

"Such system controls activities like atrocities against persons who are brought to police station. It is surprising that in many cases submission is made that on that particular day, CCTV system was not working."

The Court also said,

"When such system is installed, some officer needs to be appointed to oversee the working of the system and every day the recording needs to be seen by some officer and entry about it needs to be made in some register. This procedure must have been followed by police station."

The High Court further called for the registers maintained in respect of CCTV system in concerned police station to ascertain the truthfulness of the submission that CCTV system was not working on that day.

Noting that no record was produced by the learned Addl. Public Prosecutor indicating the entry of the fault related to the CCTV System in the register, the Court said that "these circumstances create serious suspicion".

In this context, the Court directed the District Superintendent of Police, Osmanabad, to look into the matter personally and make enquiry into the matter.

The Court again observed,

"It is informed to the Court that on that particular day the CCTV system was not working. This cannot be allowed to happen as the purpose behind installing the CCTV system itself is defeated when such submissions are accepted."

Lastly, the Court directed the District Supdt. of Police, Osmanabad, to make enquiry into the matter and also into the procedure adopted about working of the CCTV system and maintenance of the record of the CCTV system in the police station.

The report has been directed to be submitted before 18th December 2020 and the matter has been posted for further hearing on 18th December 2020.

Notably, in a historic Judgment, the Supreme Court last week (02^nd December) observed that the State and Union Territory Governments should ensure that CCTV cameras are installed in each and every Police Station functioning under them.

Justice RF Nariman led bench observed that these directives shall be implemented both in letter and in spirit as soon as possible.

The Court also directed the Central Government to install CCTV cameras and recording equipment in the offices of central agencies like CBI, NIA etc.

In this path breaking Judgment, the Supreme Court held that in case of any human right violation by investigating agencies like police, CBI, NIA, ED Etc, the victims have the right to get the copy of CCTV footage of interrogation and also to approach 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.

Case title - Wajid v. The State of Maharashtra and others [Criminal Writ Petition No. 1111 of 2020]

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