Somnath Laxman Giri And Anr vs State Of Maharashtra Thr. Senior ...
2022 Latest Caselaw 2712 Bom

SWAROOP   Digitally signed by
          SWAROOP
SHARAD    SHARAD PHADKE

PHADKE    Date: 2022.03.22
          20:16:42 +0530                                                     5 WP 692 OF 2022.doc

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                           WRIT PETITION NO.692 OF 2022

Somnath Laxman Giri and Anr.                                            ...      Petitioners
       versus
State of Maharashtra and Ors.                                           ...

Mr. A.S.Pandire i/by Mr. Harshad M. Inamdar, for Petitioner.
Mr. A.A.Kukbhakoni, Advocate General with Ms. S.D.Vyas, 'B' Panel Counsel, for
State.
Mr. Rohaan Cama, Amicus Curiae, present.

                                CORAM:       S.J. KATHAWALLA &
                                             MILIND N. JADHAV, JJ.

                                DATE:        21st MARCH, 2022


P.C.

1. Pursuant to our earlier orders an Additional Affidavit has been filed by

the Chief Secretary, Government of Maharashtra in which it is inter alia stated :

(i) The State Government and its officers will follow up on a regular

basis with the contractors to ensure that the timelines given by them in the

undertakings referred to below are duly complied with.

(ii) The State Level and District Level Oversight Committees have

been formed and the functions of the Committees have been communicated to them.

(iii) Appropriate guidelines have been given to the Station House

Officers (SHOs) of each police station regarding the procedure to be followed for

approaching the District Level Oversight Committee and to ensure expeditious repairs

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and/or maintenance of CCTV systems, vide the communication of the Additional

DGP on 14th March 2022.

(iv) Once the present process of installation of the existing cameras in

all the police stations has been carried out, the State Government will undertake the

exercise of updating and 'topping up' the system to ensure that cameras are placed in

each of the locations referred to in paragraph 16 of the judgment of the Supreme Court

in Paramvir Singh's case.

(v) The necessary steps will be taken to ensure that the

recording/data back-up kept for 18 months and not just 12 months, and the systems

will be updated accordingly.

(vi) The State will explore the possibility of supplying generators to

the police stations where electricity supply is irregular by taking steps in accordance

with law; the State is committed to do so at the earliest.

(vii) As regards putting up large posters containing information stated

in paragraph 20 of the judgment of the Supreme Court, appropriate instructions have

been issued vide a circular dated 14th March 2022. The State Government will

monitor and ensure compliance with the same within 4 weeks from the filing of this

Affidavit, and in so far as the police stations where cameras are yet to be installed such

posters would be put up within a period of 2 weeks from the date of installation of

CCTV cameras in the concerned police station.

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2. The statements made in the Additional Affidavit dated 20 th March 2022

are noted by this Court and are accepted as undertakings made to the Court. The

State Government shall ensure strict compliance with the statements / undertakings

referred to above and in the Affidavit dated 20th March 2022.

3. Additionally we make it clear that the State Government must forthwith

take steps to ensure that the recording / data back-up is to be enhanced to 18 months,

as also to ensure that necessary steps are taken expeditiously as regards supplying

generators to ensure uninterrupted electricity supply at all police stations. This is

consistent with the mandate of the Supreme Court and we trust and expect that the

State Government / police machinery will treat these commitments with utmost

seriousness and will report to the Court on steps taken in this regard, on the adjourned

date.

4. As regards the undertakings to be furnished by the contractors, the

learned Advocate General has tendered the undertakings of the following persons :

(i) Jagdish Chaubey and Navneet Chaubey, Managing Directors of Javi

Systems India Private Limited.

(ii) Ravi Shekhar Saini, Director - Sales, Javi Systems India Private Limited.

(iii) Paresh Lodha, Director - Sujata Computers Private Limited and

(iv) Sunita Lodha, Director - Sujata Computers Private Limited.

5. The undertakings furnished have been duly signed by the

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persons referred to above and their signatures have been identified by

the Office of the Government Pleader, Appellate Side (Writ Cell). The

undertakings are noted and accepted as undertakings given to this

Court. We have made it clear to the representatives of the contractors

including the persons furnishing the undertakings, that any breach of

these undertakings will be viewed seriously and may result in initiation

of proceedings against them for contempt of court.

6. In the circumstances, with a view to report compliance, the

Petition is adjourned to 18th April 2022.

( MILIND N. JADHAV, J. )                               ( S.J.KATHAWALLA, J. )




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