Ghanshyam Rai vs The State Of Madhya Pradesh
2022 Latest Caselaw 358 MP

                                                                       1                            MCRC-55268-2021
                                             The High Court Of Madhya Pradesh
                                                     MCRC No. 55268 of 2021
                                                 (GHANSHYAM RAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Jabalpur, Dated : 07-01-2022
                                           Shri Vijay Pandey, learned counsel for the applicants.

                                           Shri Ramji Pandey, learned Panel Lawyer for the respondent/State.

It is informed by the State counsel that he has sought instructions from the Sub-Inspector- Pramod Rohit Police Station Civil Lines, Police Station Chhatarpur and he has informed that the CCTV footage date is only protected for seven days. The aforesaid is contrary to the judgment passed

by the Hon'ble Supreme Court in several cases wherein, the directions have been issued regarding the protection of the CCTV footage, one such case being Paramvir Singh Saini Vs. Baljit Singh & Others Special Leave Petition (Criminal) No.3543/2020 judgment decided on 02.12.2020 wherein in para 17 it is held as under:-

"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 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 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.

Signature Not Verified

If the recording equipment, available in the market SAN

Digitally signed by SHALINI LANDGE Date: 2022.01.08 12:24:01 IST 2 MCRC-55268-2021 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 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 that the best equipment available as of date has been purchased. "

It is submitted that the incident took place on 11.07.2021 and the application for protecting the CCTV footage was immediately filed on 20.07.2021. Thereafter a writ petition was also filed before this court being W.P.No.15830/2021 wherein order dated 26.08.2021 the direction was issued as under :-

"This petition under Article 226 of the Constitution of India has been filed by the petitioner alleging that the police officers posted at Civil Line Police Station Chhatarpur have falsely implicated his brother and cousin in a case of NDPS. It is stated that entire incident has been caught in the CCTV footage of Toll Plaza Pachwara, Police Station Civil Line Chhatarpur and also of Maharshi School Deri Road, Chhatarpur. It is stated that he has moved number of applications before the higher authorities and also asked for this CCTV footage of the said areas as mentioned above under the R.T.I. Act, but the same could not be provided to him. He is under apprehension that if the CCTV Signature Not Verified

footage is not secured and the same gets destroyed, the defence of SAN

Digitally signed by SHALINI LANDGE Date: 2022.01.08 12:24:01 IST 3 MCRC-55268-2021 the petitioner would be prejudiced.

Considering the aforesaid, respondent/State is directed to secure the CCTV footage of the above stated arrears dated 11/07/2021 from morning 7.30 till the evening 7.30 p.m. and to file a short reply within a period of seven days."

Thereafter, the applicants have also filed the application under the Right to Information Act, 2005 for collecting the CCTV footage but the same is never being provided to them. The applicants themselves have collected the CCTV footage from the toll plaza and has supplied it in a pen drive to the police authorities for verification and after due inquiry into the same, a verification report has been submitted on 08.12.2021. It is also mentioned that

the CCTV footage of the concerning police station is only maintained for one week therefore, the same is not available.

Counsel appearing for the applicants at this stage has pointed out that a document (Annexure A/12) letter dated 09.08.2021 which was addressed by the Public Information Commissioner to Shri Sandeep Bilthare, Advocate pointed out as under:

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[email protected]@[email protected]@[email protected] fnukad 09&08&2021 izfr] Jh lanhi fcYFkjs] ,MoksdsV ru; Jh ,l-ih-fcYFkjs] ftyk U;k;ky; ckj:e ckjkenk Nrjiqj fo"k;& lwpuk vf/kdkj vf/kfu;e 2005 ds rgr tkudkjh iznk;

djus ds laca/k esaA lanHkZ & vkidk vkosnu i=A &&&&0&&&&& mijksDr fo"k;kUrxZr lanfHkZr vkosnu i= dks ns[ksa] ftlds ek/;e ls lwpuk vf/kdkj vf/kfu;e 2005 ds rgr Fkkuk fl-yk- Nrjiqj

Signature Not Verified SAN dh fnukad 11-7-21 ds le; 8%30 cts ls 19%30 cts rd dh lh-lh-Vh-

Digitally signed by SHALINI LANDGE Date: 2022.01.08 12:24:01 IST 4 MCRC-55268-2021 Ogh- dSejksa dh Mh-Oghvkj dh fjdkfMZx dh MhOghvkj dh fjdkfMZx dh MhOghgh lR;kizfr pkgh x;h gSA Fkkuk fl-yk- Nrjiqj ds fnukad 11-7-21 ds le; 8%30 cts ls 19%30 cts rd dh lh-lh-Vh-Ogh- dSejksa dh MhOghvkj dh fjdkfMZx dh MhOghMh Fkkuk dh lqj{kk O;oLFkk ,oa xksiuh;rk dks n`f"Vxr j[krs gq;s nh tkuk laHko ugha gSA^^ It is submitted that the reply in the writ petition has been filed, they are trying to make all the possible efforts to collect the CCTV footage. Shri Manmohan Singh Baghel, SDOP, Kajraho pointing out all the possible efforts being made to collect the CCTV footage. The aforesaid statement and the letter dated 09.08.2021 is contrary to the inquiry report submitted by the Additional Superintendent of Police. There was no specific direction given by this court in the writ petition to protect the CCTV footage and terms of Supreme Court judgment the same is not been protected till date which is mentioned as under:-

^^4-Fkkuk izHkkjh flfoy ykbu Nrjiqj dks Fkkuk flfoy ykbu esa lapkfyr lh-lh-Vh- Ogh- dSejksa dh QqVst fnukad 11-07-21 ds lqcg 08%30 cts ds 'kke 06%00 cts rd dh izLrqr djus gsrq i= ys[k fd;k x;kA rRlaca/k esa muds }kjk Fkkuk izHkkjh flfoy ykbu }kjk i= dz- [email protected] fnukad 13-09-21 ds ek/;e ls izfrosfnr fd;k x;k fd^^Fkkuk ds lh-lh-Vh-Ogh- dSejs esa QqVst LVksjst {kerk ek= 07 fnol dh gksus ls mijksDr fnukad dh QqVst miyC/k djkuk laHko ugh gSA^^ Counsel appearing for the applicants have further placed reliance upon the judgment passed by the High Court of Punjab and Haryana at Chandigarh in the case of Abishek Chetal Vs. Central Bureau of Investigation and Others decided on 30.01.2019 and the judgment passed by this court in the case of Vicky Vs. The State of M.P. decided on 01.07.2021 wherein, in almost identical circumstances directions considering lapses on the part of police authorities, directions have been given for investigation into the matter Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.01.08 12:24:01 IST 5 MCRC-55268-2021 by the CBI.

Looking to the overall facts and circumstances of the case before issuing any directions and handing over to the investigation to the other agency, this court deems it appropriate to direct the presence of Additional Superintendent of Police, Civil Lines, Chhattarpur who has investigated the matter and also the Investigating Officer of the case both are directed to remain present before this court through Video Conferencing or physically before this court on 11.01.2022.

List the matter on 11.01.2022.

A typed copy of this order be supplied to the State counsel for necessary compliance.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.01.08 12:24:01 IST