“The absence of CCTV cameras in the concerned police station, despite the Supreme Court's mandates, is disturbing," remarked the Orissa High Court raising serious concerns about the lack of CCTV surveillance in police stations, highlighting the delicate gap in ensuring transparency and accountability in police operations.
This remark came after reviewing an incident where an army officer and his fiancée were falsely accused of attempting to murder police personnel. With no CCTV footage to clarify the events, the Court highlighted the importance of such systems in ensuring transparency and accountability in police operations. The Court has issued key directions, particularly regarding the installation of CCTV across Odisha's police stations.
Brief Facts:
On 15th September 2024, an army officer and his fiancée went to the Bharatpur Police Station in Bhubaneswar to file an FIR against miscreants who allegedly misbehaved with them. However, an altercation occurred within the police station, and the police lodged an FIR against the officer and his fiancée, accusing them of attempting to murder police personnel. The officer’s fiancée was arrested. There was no CCTV footage to verify the incident, and the matter is under investigation by the police and a state-appointed Commission of Inquiry.
Contentions of the Petitioner:
The petitioner, Lieutenant General PS Shekhawat, in his communication to the Chief Justice, expressed concern over the mishandling of the case by the police. He claimed that the police personnel humiliated and molested the officer’s fiancée, subjected her to physical abuse, and falsely framed charges against the couple. He also accused the police of manipulating medical reports to conceal evidence of injuries and denied the fiancée proper medical care. The petitioner requested the Court’s intervention for a fair inquiry, bail for the fiancée, and accountability for the police personnel involved. He also emphasized the need for the installation of CCTV in police stations as per Supreme Court directions.
Contentions of the Respondent:
The State, represented by the Advocate General, informed the Court that the investigation was promptly transferred to the Crime Branch, with multiple cases registered, including one based on the army officer’s complaint. The State government also appointed a Commission of Inquiry, headed by a retired judge, to examine the sequence of events, police conduct, and suggest measures to prevent such incidents in the future. The State expressed no objection to the Court monitoring the investigation if required.
Observation of the Court:
The Court expressed concern over the absence of CCTV cameras in the concerned police station, noting, “What is disturbing to this Court, after having seen the sequence of events, that admittedly two persons had entered into the police station, apparently with no intention to commit any crime, rather to lodge a complaint... What happened inside the police station is a matter which is under investigation.” The Court further remarked, “it was surprising these individuals left with an FIR alleging attempted murder, especially given the lack of CCTV coverage in the police station, despite Supreme Court mandates.”
The Court was informed that out of 650 police stations in Odisha, 559 were equipped with CCTV, but some new stations lacked this facility. The Court directed Mr. Dayal Gangwar, the Additional D.G. of Police (Modernisation), to submit a report detailing the availability of CCTV in all police stations, focusing on functionality and storage capacity.
The Court acknowledged Mr. Gangwar's report from 08.10.2024, stating that 456 out of 593 police stations had non-functional CCTV cameras, though nearly all stations had functional CCTV systems, except for 13. The Court also noted the installation of CCTV in 52 new stations and 295 outposts, with plans for regular maintenance and oversight.
Regarding the Standard Operating Procedure (SOP) for interactions between police officers and defence personnel, the Court emphasized that officers must "exhibit due courtesy" and respect the dignity of defence personnel. The Court further stated that police cannot arrest personnel from the Army, Airforce, or Navy while on duty without prior permission from the Central Government, unless the crime is heinous, in which case military authorities must be informed.
The Court also noted the administrative lapse concerning CCTV facilities, which could have provided crucial evidence in cases involving police and armed forces personnel. However, the Court acknowledged the State’s progress in installing CCTV cameras and integrating them into the Central Monitoring System (CMS), with 36 districts connected and plans to complete installations by 31.03.2025.
The decision of the Court:
The Court disposed of the suo motu PIL with several directions. It ordered that all police stations and outposts in Odisha be fully equipped with CCTV cameras by 31.03.2025, ensuring they were properly placed and integrated with the Central Monitoring System (CMS) via the Video Management System (VMS).
The Court also mandated that State officials and police personnel adhere strictly to the SOP regarding the arrest and interaction with armed forces personnel, with the SOP to be publicized in Odia. Additionally, the Court directed that the assurances made by Mr. Gangwar in the affidavits be strictly followed and reiterated that its observations should not affect the ongoing investigations.
Case Title: Registrar Judicial, Orissa High Court, Cuttack v. The State of Odisha & Ors
Case no: W.P.(C) No. 23735 of 2024
Citation: 2024 Latest Caselaw 17089 Ori
Coram: Hon’ble Chief Justice Chakradhari Sharan Singh and Hon’ble Miss Justice Savitri Ratho
Advocate for Petitioner: Sr. Adv. Mr. Gautam Mishra (Amicus Curiae) assisted by Adv. Mr. A. Dash
Advocate for Respondent: Advocate General Mr. Pitambar Acharya, Addl. Govt. Advocate Mr. Saswat Das
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