THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
I.A.No.1 of 2022
in/and
WRIT PETITION No.28405 OF 2021
COMMON ORDER: (Per Hon'ble Dr.SA,J)
W.P.No.28405 of 2021, under Article 226 of the
Constitution of India, is filed by the petitioner, who is the wife
of the alleged detenu viz., Saranala Sreedhar, S/o S.Babu
Rao, seeking a Writ of Habeas Corpus directing the
respondent-police, to produce the alleged detenu before this
Court, alleging that he was illegally detained by the respondent-police.
2. I.A.No.1 of 2022 is filed seeking a direction to the respondent Nos.4 and 5-police stations to produce the CCTV footages of 09.11.2021 and 10.11.2021.
3. Heard Sri M.S.Prasad, learned Senior Counsel representing Ms.Satyasiri, learned counsel for the petitioner and the learned Special Government Pleader representing the learned Advocate General for the respondents and perused the record.
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4. Sri M.S.Prasad, learned Senior Counsel would contend that the alleged detenu viz., Saranala Sreedhar, was arrested by the respondent No.3-police and thereafter, he was shifted to respondent No.5-police station. It is also contended that the alleged detenu was illegally detained. It is further contended that there is CCTV footage which reflects the illegal detention of the alleged detenu. In support of his contention, learned counsel for the petitioner had placed reliance over the decision of the Hon'ble Apex Court in Paramvir Singh Saini vs. Baljit Singh and others1.
5. It is brought to the notice of this Court by the learned Special Government Pleader, so also, the learned counsel for the petitioner that the alleged detenu was already set free on 10.11.2021 by the Magistrate concerned holding that the arrest of the alleged detenu was illegal.
6. In view of the aforesaid submissions, as far as the writ petition is concerned, there is no illegal detention, as the alleged detenu was set free on 10.11.2021. The learned Senior Counsel claims for damages for the alleged illegal 1 Spl.Leave Petition No.3543 of 2020 dt.20.12.2020 3 Dr.SA,J & EVV,J W.P.No.28405 of 2021 detention. In such an event, it is open to the alleged detenu or any aggrieved person to work out the remedies available under law.
7. In I.A.No.1 of 2022, it is contended by the learned Senior Counsel that CCTV footages of 09.11.2021 and 10.11.2021 are necessary to proceed against the persons who illegally detained the alleged detenu and claim damages.
8. In Paramvir Singh Saini's case (supra), the Hon'ble Apex Court held that:
"17. xxxx....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 must then be installed with such recording systems so that the date that is stored thereon shall be preserved for a period of 18 months..."
9. In terms of the aforesaid judgment, respondent No.5- Inspector of Police, Special Operation Team (Madhapur Zone), Narsingi, shall preserve the CCTV footages dated 09.11.2021 and 10.11.2021 subject to its availability for a period of 18 months commencing from 10.11.2021.
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W.P.No.28405 of 2021
10. With the above observations/directions, I.A.No.1 of 2022 and the Writ Petition are disposed of.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J ______________________ E.V.VENUGOPAL, J Date: 26.09.2022 ssp