CCTV Installation In Police Stations A Matter Of Utmost Importance : SC Issues Strict Directions To States To Comply With Orders

The Supreme Court has issued strict directions to States and Union Territories to implement its December 2020 directions to install CCTVs in all police stations in a time-bound manner."We reiterate that these are the matters of utmost importance concerning the citizens of this country under Article 21of the Constitution of India", observed a bench comprising Justices RF Nariman,BR Gavai and Hrishikesh Roy.The bench examined the chart submitted by amicus curiae Senior Advocate Sidharth Dave regarding the timeline sought by state governments to follow the order of the Court.The bench was not happy with the fact that the States have not given a "firm action plan" for the completion of CCTV installation in police stations, as directed in the judgment delivered on December 2, 2019."Our orders should have been followed in letter and spirit", the bench observed.The bench directed the States to make budgetary allocations within one month from March 2 for the purposes of complying with the court directions and to install the CCTVs within four months after that. In other words, States have been given 5 months from today to install CCTVs in police stations. For poll-bound states of West Bengal, Kerala, Tamil Nadu, Assam and the UT of Puducherry, time have been given more time.The State of Uttar Pradesh has been given nine months time (3 months for budgetary allocation and 6 months for implementation) having regard to its vast territorial extent and huge number of police stations. Likewise, the State of Madhya Pradesh has been given 7 months time (1 month for budgetary allocation and 6 months for implementation). The Court was extremely displeased with the affidavit submitted by the State of Bihar, which did not indicate any time-line. It gave Bihar 9 months to implement the directions "having regard to the complexity and size of the State".The State of Maharashtra said that it will implement the orders by March 2021. But the bench observed that it was not sharing the optimism expressed by Maharashtra's standing counsel. It asked the concerned Secretary of the State to file an affidavit within 6 weeks stating the exact particulars as to what has been done police station-wise in the state.The bench was also not happy with the affidavit of Jammu and Kashmir."So far as the Union Territory of Jammu and Kashmir is concerned, we may indicate that, unfortunately, nothing has beenindicated to show compliance either in letter or in spirit", it observed.Court pulls up CentreThe Court also pulled up the Union Government for seeking more time regarding the installation of CCTV cameras in the offices of Central probe agencies such as CBI, NIA, NCB etc.On December 2, 2020, a bench headed by Justice RF Nariman had issued directions to install CCTV cameras in all police stations across the country to check instances of custodial torture. The Central Government was directed to install CCTVs in the offices of Central Bureau of Investigation(CBI), National Investigation Agency(NIA), Enforcement Directorate(ED), Narcotics Control Bureau(NCB), Directorate of Revenue Intelligence(DRI), Serious Fraud Investigation Office(SFIO).When the matter was taken up, the Centre sought adjournment.Expressing displeasure at the letter seeking adjournment, Justice Nariman told the Solicitor General Tushar Mehta, "We are getting a distinct impression that you are dragging your feet. What kind of letter you have circulated?"The Solicitor General replied that adjournment was sought having regard to the 'ramifications' of the order."What ramifications? We are not concerned about the ramifications", Justice Nariman shot back. "This concerns the rights of the citizens. This concerns the rights of citizenry under Article 21 of the Constitution. We are not accepting the excuses given in the letter", the judge added.Following this, the Solicitor General requested the bench to ignore the letter seeking adjournment.The SG submitted that funds allocation for CCTVs are to be made by the State Government. Then Justice Nariman invited SG's attention to paragraph 19 of the December 2, 2019 order, which had two parts - one was regarding the constitution of a Central Oversight Body and second was regarding CCTVs installation in central agencies.We are not concerned with the Central Oversight Body today. We are concerned with the second part of the paragraph", Justice Nariman explained."You tell us the funds that are allotted", Justice Nariman told the SG.The SG requested for ten days time to file an affidavit responding to the query of the court.Following this, the bench, also comprising Justices B R Gavai and Hrishikesh Roy, passed the following order:"We heard Solicitor General Shri Tushar Mehhta. The directions in Paragraph 19 of our order dated 2nd December 2020 have not yet been followed. We direct the Union to file an affidavit within 3 seeks ...

CCTV Installation In Police Stations A Matter Of Utmost Importance : SC Issues Strict Directions To States To Comply With Orders

LIVELAW NEWS NETWORK

Tags