PARAMVIR SINGH SAINIversusBALJIT SINGH & ORS.

770                       [2020]
               SUPREME COURT     13 S.C.R. 770
                              REPORTS                     [2020] 13 S.C.R.


A                         PARAMVIR SINGH SAINI
                                        v.
                            BALJIT SINGH & ORS.
              (Special Leave Petition (Criminal) No. 3543 of 2020)
B                              December 02, 2020
          [ROHINTON FALI NARIMAN, K. M. JOSEPH AND
                    ANIRUDDHA BOSE, JJ]
             CCTV camera footages: Use of photography and videography
      at the crime scene – In earlier order dated 03.04.2018 in SLP(Crl)
C
      no.2302 of 2017, directions were given to the Administrators of the
      Union Territory, State Governments and other Central Agencies to
      effectively implement use of photography and videography at the
      crime scene – Compliance Affidavits and Action Taken Reports filed
      by 14 States failed to disclose exact position of CCTV cameras qua
D     each Police Station and were bereft of relevant details – They are
      directed to submit Compliance Affidavits and Action Taken Reports
      within six weeks stating details as mentioned in paragraph 8 of this
      order – As regards the constitution of Oversight Committees in
      accordance with order dated 03.04.2018, this should be done at
      State and District Levels and the State/Union Territories Finance
E
      Departments to allocate the funds for the said purpose at the earliest
      – Duty and responsibility for the working, maintenance and
      recording of CCTVs would be that of the SHO of the police station
      concerned – State and Union Territory would ensure installation of
      CCTV cameras in each and every Police Station functioning in the
F     respective State and/or Union Territory – Directions passed
      regarding specification of CCTV systems – Direction to set up Human
      Rights Courts in each District of every State/Union Territory for
      redressal of complaints of force used at Police Stations resulting in
      serious injury and/or custodial deaths – Union of India to also file
      affidavit giving updates on the constitution and workings of the
G
      Central Oversight body – Union of India is also directed to install
      CCTV cameras and recording equipment in the offices of
      investigative/enforcement agencies – The Executive/Administrative/
      Police Authorities directed to implement this order both in letter
      and in spirit as soon as possible.
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                                       770
      PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.                           771


       CRIMINAL APPELLATE JURISDICTION: Special Leave                       A
Petition (Criminal) No. 3543 OF 2020
      From the Judgment and Order dated 22.11.2016 of the High Court
of Punjab and Haryana in CRWP No. 1245 of 2016].
      Siddharth Dave, Sr. Adv., Bankey Bihari, Advs. for the Appellant.
                                                                            B
      K.K. Venugopal, AG, Tushar Mehta, SG, Ms. Madhvi Divan, ASG,
Manoj Kumar Singh, Saurabh Mishra, Nalin Kohli, AAGs, Rakesh
Dwivedi, Sr. Adv., Ms. Eliza Bar, Abhimanyu Tewari, Avijit Mani Tripathi,
Ms. Tarini K. Nayak, M. Yogesh Kanna, Rajarajeswaran S., Aditya
Chada, Shuvodeep Roy, Kabir Shankar Bose, Rahul Raj Mishra, Vinod
Diwakar, Ms. Ruchira Goel, Ms. Deepanwita Priyanka, V. G. Pragasam,         C
Chanchal Kumar Ganguli, S. Prabu Ramasubramanian, Mrigank
Prabhakar, Ms. Liz Mathew, Siddharth Kotwal, Ms. Ana Upadhyay,
Nirmesh Dubey, B. K. Satija, Ms. Nidhi Khanna, Chinmayee Chandra,
Rajat Nair, B.V. Balram Das, B. S. Rajesh Agrajit, Ms. Dipti Singh, Ms.
Jyoti Rana, D. K. Devesh, Soumitra G. Chaudhuri, Chanchal Kumar             D
Ganguli, Ms. Jaspreet Gogia, Karanvir Gogia, Ms. Shivangi Singhal, Ms.
Nitya Ramakrishnan, Mrigank Prabhakar, Vinoothana Vinjam, Prasanna,
Shekhar Raj Sharma, Sanjay Kumar Visen, Ms. K. Enatoli Sema, Amit
Kumar Singh, Pukhrambam Ramesh Kumar, Ms. Anupama Ng., Karun
Sharma, Sumeer Sodhi, Hussain Ali, Arjun Garg, Ms. Rati Tandon, K. V.
Jagdishvaran, Ms. G. Indira, V. N. Raghupathy, Siddhesh Kotwal,             E
Shahrukh Alam, Ms. Sonali Jain, Shantanu Singh, Ankur Gulyani Panda,
Shuvodeep Roy, Ankit Roy, Rahul Raj Mishra, Ravi Kamal Gupta, Nikunj
Dayal, Advs. for the respondents.
      The following Order of the Court was passed by
                                                                            F
      R. F. NARIMAN, J.
       1. We have heard Shri K.K. Venugopal, learned Attorney General
for India, Ms. Madhvi Divan, learned Addl. Solicitor General of India,
Shri Siddhartha Dave, learned Senior Advocate (appointed as Amicus
Curiae, vide Order dated 16.7.2020), Ms. Nitya Ramakrishnan, learned
                                                                            G
counsel appearing on behalf of the intervenor and the learned counsel
appearing on behalf of the respective States and Union Territories.
     2. This Court, vide Order dated 03.04.2018 in SLP (Crl) No. 2302
of 2017,reported as Shafhi Mohammad v. State of Himachal
Pradesh(2018) 5 SCC 311, directed that a Central Oversight Body
                                                                            H
772            SUPREME COURT REPORTS                          [2020] 13 S.C.R.


A     (hereinafter referred to as the “COB”) be set up by the Ministry of
      Home Affairs to implement the plan of action with respect to the use of
      videography in the crime scene during the investigation. This Court,while
      considering the directions 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
B
      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
C     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.
D            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
E     setting up a Central Server for implementation of videography, and to
      issue appropriate directions so as to ensure that use of videography
      becomes a reality in a phased manner. Accordingly, directions were
      issued to the Administrators of the Union Territory, State Governments
      and other Central Agencies for effective implementation of the use of
      photography and videography at the crime scenes, and to furnish an
F     Action Taken Report on the implementation of the use of videography in
      the crime scene.
              5. This Court, vide Order dated 16.07.2020, issued notice in the
      instant Special Leave Petition to the Ministry of Home Affairs on the
      question of audio-video recordings of Section 161 CrPC statements as
G     is provided by Section 161 (3) proviso, as well as the larger question as
      to installation of CCTV cameras in police stations generally. While issuing
      notice this Court also took note of the directions in Shafhi Mohammad
      (supra).
           6. This Court, vide Order dated 16.09.2020, impleaded all the States
H     and Union Territories to find out the exact position of CCTV cameras
      PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.                                773
                  [R.F. NARIMAN, J.]

qua each Police Station as well as the constitution of Oversight Committees      A
in accordance with the Order dated 03.04.2018 of this Court in Shafhi
Mohammad (supra).
      7. Pursuant to the said directions of this Court, Compliance
Affidavits and Action Taken Reports were filed by 14 States (till
24.11.2020), namely, West Bengal, Chhattisgarh, Tamil Nadu, Punjab,              B
Nagaland, Karnataka, Tripura, Uttar Pradesh, Assam, Sikkim, Mizoram,
Madhya Pradesh, Meghalaya, Manipur; and 2 Union Territories, namely,
Andaman & Nicobar Islands and Puducherry.
       8. The majority of the Compliance Affidavits and Action Taken
Reports fail to disclose the exact position of CCTV cameras qua each             C
Police Station. The affidavits are bereft of details with respect to the
total number of Police Stations functioning in the respective State and
Union Territory; total number of CCTV cameras installed in each and
every Police Station; the positioning of the CCTV cameras already
installed; working condition of the CCTV cameras; whether the CCTV
cameras have a recording facility, if yes, then for how many days/hours,         D
have not been disclosed. Further, the position qua constitution of Oversight
Committees in accordance with the Order dated 03.04.2018, and/or details
with respect to the Oversight Committees already constituted in the
respective States and Union Territory have also not been disclosed.
       9. Compliance affidavits by all the States and Union Territories          E
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     F
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:                         G
      (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.               H
774                SUPREME COURT REPORTS                       [2020] 13 S.C.R.


A            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/
                    Regional Commissioner/Revenue Commissioner Division of
                    the District (by whatever name called);
B          (ii)     The District Magistrate of the District;
           (iii)    A Superintendent of Police of that District; and
           (iv) A mayor of a municipality within the District/ a Head of the
                Zilla Panchayat in rural areas.
C           12. It shall be the duty of the SLOC to see that the directions
      passed by this Court are carried out. Amongst others, the duties shall
      consist of:
           a)       Purchase, distribution and installation of CCTVs and its
                    equipment;
D
           b)       Obtaining the budgetary allocation for the same;
           c)       Continuous monitoring of maintenance and upkeep of CCTVs
                    and its equipment;
           d)       Carrying out inspections and addressing the grievances
E                   received from the DLOC; and
           e)       To call for monthly reports from the DLOC and immediately
                    address any concerns like faulty equipment.
            Likewise, the DLOC shall have the following obligations:

F          a)       Supervision, maintenance and upkeep of CCTVs and its
                    equipment;
           b)       Continuous monitoring of maintenance and upkeep of CCTVs
                    and its equipment;
           c)       To interact with the Station House Officer (hereinafter
G                   referred to as the “SHO”) as to the functioning and
                    maintenance of CCTVs and its equipment; and
           d)       To send monthly reports to the SLOC about the functioning
                    of CCTVs and allied equipment.
           e)       To review footage stored from CCTVs in the various Police
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      PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.                               775
                  [R.F. NARIMAN, J.]

            Stations to check for any human rights violation that may           A
            have occurred but are not reported.
       13. It is obvious that none of this can be done without allocation of
adequate funds for the same, which must be done by the States’/Union
Territories’ Finance Departments at the very earliest.
       14. The duty and responsibility for the working, maintenance and         B
recording of CCTVs shall be that of the SHO of the police station
concerned. It shall be the duty and obligation of the SHO to immediately
report to the DLOC any fault with the equipment or malfunctioning of
CCTVs. If the CCTVs are not functioning in a particular police station,
the concerned SHO shall inform the DLOC of the arrest / interrogations          C
carried out in that policestation during the said period and forward the
said record to the DLOC.If the concerned SHO has reported
malfunctioning or non-functioning of CCTVs of a particular Police Station,
the DLOC shall immediately request the SLOC for repair and purchase
of the equipment, which shall be done immediately.
                                                                                D
       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              E
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         F
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/out houses, Inspector’s room; Sub-
Inspector’s room; areas outside the lock-up room; station hall; in front        G
of the police station compound; outside (not inside) washrooms/toilets;
Duty Officer’s room; back part of the police station etc.
      17. CCTV systems that have to be installed must be equipped
with night vision and must necessarily consist of audio as well as video
footage. In areas in which there is either no electricity and/or internet, it
                                                                                H
776                SUPREME COURT REPORTS                       [2020] 13 S.C.R.


A     shall be the duty of the States/Union Territories to provide the same as
      expeditiously as possible using any mode of providing electricity, including
      solar/wind power. The internet systems that are provided must also be
      systems which provide clear image resolutions and audio. Most important
      of all is the storage of CCTV camera footage which can be done in
      digital video recorders and/or network video recorders. CCTV cameras
B
      must then be installed with such recording systems so that the data that
      is stored thereon shall be preserved for a period of 18 months. If the
      recording equipment, available in the market today, does not have the
      capacity to keep the recording for 18 months but for a lesser period of
      time, it shall be mandatory for all States, Union Territories and the Central
C     Government to purchase one which allows storage for the maximum
      period possible, and, in any case, not below 1 year. It is also made clear
      that this will be reviewed by all the States so as to purchase equipment
      which is able to store the data for 18 months as soon as it is commercially
      available in the market. The affidavit of compliance to be filed by all
      States and Union Territories and Central Government shall clearly indicate
D
      that the best equipment available as of date has been purchased.
             18. Whenever there is information of force being used at police
      stations resulting in serious injury and/or custodial deaths, it is necessary
      that persons be free to complain for a redressal of the same. Such
      complaints may not only be made to the State Human Rights Commission,
E     which is then to utilise its powers, more particularly under Sections 17
      and 18 of the Protection of Human Rights Act, 1993, for redressal of
      such complaints, but also to Human Rights Courts, which must then be
      set up in each District of every State/Union Territory under Section 30
      of the aforesaid Act. The Commission/Court can then immediately
F     summon CCTV camera footage in relation to the incident for its safe
      keeping, which may then be made available to an investigation agency in
      order 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
G     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)
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      PARAMVIR SINGH SAINI v. BALJIT SINGH & ORS.                              777
                  [R.F. NARIMAN, J.]

      (iii)   Enforcement Directorate (ED)                                     A
      (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          B
            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.                                                  C
       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 applicable) shall give
                                                                               D
directions to all Police Stations, investigative/enforcement agencies to
prominently display at the entrance and inside the police stations/offices
of investigative/enforcement agencies about the coverage of the
concerned premises by CCTV. This shall be done by large posters in
English, Hindi and vernacular language. In addition to the above, it shall
be clearly mentioned therein that a person has a right to complain about       E
human rights violations to 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. It shall further mention
that CCTV footage is preserved for a certain minimum time period,
which shall not be less than six months, and the victim has a right to have
                                                                               F
the same secured in the event of violation of his human rights.
       21. Since these directions are in furtherance of the fundamental
rights of each citizen of India guaranteed under Article 21 of the
Constitution of India, and since nothing substantial has been done in this
regard for a period of over 2½ years since our first Order dated
03.04.2018, the Executive/Administrative/police authorities are to             G
implement this Order both in letter and in spirit as soon as possible.
Affidavits will be filed by the Principal Secretary/Cabinet Secretary/
Home Secretary of each State/ Union Territory giving this Court a firm
action plan with exact timelines for compliance with today’s Order. This
is to be done within a period of six weeks from today.                         H
778              SUPREME COURT REPORTS                      [2020] 13 S.C.R.


A          22. We record our gratitude to Shri Siddhartha Dave, learned
      Amicus Curiae, for rendering his services to this Court.
            23. The Supreme Court registry to send a copy of this Order to all
      Chief/Principal Secretaries of all the States and Union Territories, both
      by physical as well as electronic means, today itself.
B            24. List on 27.01.2021.

      Devika Gujral                                              Directions issued




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