PARAMVIR SINGH SAINI  vs  BALJIT SINGH

Case Analysis of Paramvir Singh Saini versus Baljit Singh

• FACTS : 

Directions and guidelines passed by the Supreme Court in the case of D K Basu vs State of West Bengal and later in Shafhi Mohammad v. State of Himachal Pradesh to prevent and address any human rights violations in police stations. A Central Oversight Body (COB) was formed in furtherance to directions and guidelines passed by the Supreme Court. The COB was set up for implementing usage of videography in investigations of crime scenes. The Court also recognized the need for independent oversight committees in each state. Such committee’s would be responsible for reviewing cctv footages and also issuing guidelines. Thereafter a COB was established to oversee and guide the phased implementation across states regarding the videography and photography of the crime scenes. The COB issued directions for effective implementation and required regular Action Taken Reports from the relevant state authorities.

The Ministry of Home Affairs was thereafter issued a notice regarding the implementation of directions as to audio-video recordings as well as regarding cctv camera installation in Police Stations. The States and Union Territories were impleaded by the Apex Court to report on the status of CCTV camera installation at police stations as well as formation of Oversight Committees. Following the Court’s directions 14 states had submitted Compliance Affidavits and Action Reports. However most of these reports lacked specific details about the CCTV cameras. Additionally, there is insufficient information about the formation of Oversight Committees as required by the Court’s earlier order.

• ISSUES INVOLVED : 

• Whether the states have complied with the directions issued regarding implementation of CCTV cameras?

• LAWS INVOLVED :

1. The Criminal Procedure code

• Section 161 – provides for the examination of witnesses during Police Investigations. It states that Police Officers can question anyone who has knowledge about the case during the investigations. The officer can record these statements in writing or using audio-video methods. Statements from women regarding specific serious offenses must be recorded by a female police officer.

1. The Constitution of India 

• Article 21 – guarantees that no person can be deprived of their life or liberty.

• CONTENTION OF PETITIONERS : 

The Petitioners by relying on the previous judgements of the Apex Court advocate for the proper installation of CCTV cameras in police stations to ensure no human right violations in furtherance to the proper implementation of other directions issued by the Court in its previous orders.

• CONTENTION OF RESPONDENTS :

The Respondents being the State and Union Territories were asked to report on the status of the installation of cameras as well as formation of Oversight Committees. The reports submitted by them, lacked specific and insufficient information regarding installation of cctv cameras. Additionally there also stays a financial constraint in proper implementation and enforcement of the decisions.

• ANALYSIS : 

The Court gave various directions with respect to the formation of Oversight Committees as well as installation of cctv cameras in order to ensure that there is no human right violations in Police Stations.

 The Committees are to constituted both at the state as well as the District levels. 

The State Level Oversight Committee shall have the :

•  Secretary/Additional Secretary of the Home Department and Finance Department

• member/Chairperson of the State Women’s Commission 

• the Director General of Police/Inspector  General of Police.

The District Level Oversight Committee shall have the :

• District Divisional Commissioner/ District Commissioner of Divisions/ District Regional Commissioner/ District Revenue Commissioner Division.

• District Magistrate

• District Superintendent of Police

• Mayor of a municipality or Head of Zilla Panchayat.

The Oversight Committee of the State (SLOC) shall look over the proper implementation of the directions passed by the Apex Court like distribution and installation of cctv systems, securing necessary budget allocation, proper maintenance and monitoring of cctv systems, conduct inspections and requesting reports from District Oversight Committee and promptly addressing issues.

The Oversight Committee of the District (DLOC) are responsible for maintenance of cctv systems, regular monitoring of cctv systems, cooperating with Station House Officer, providing monthly reports to SLOC regarding status of cctv systems and examination of various cctv systems of police stations to check for any unreported human rights violations.

However, all of these require proper allocation of funds by the Finance Departments of the State and Union Territories. The Station House Officer shall be responsible for the operation and maintenance of CCTV systems, he must promptly report any faults or malfunctions. The Station House Officer shall inform the DLOC about any interrogations or arrests conducted during the period when the cctv systems were not functional. The DLOC is required to request the SLOC for repairs and purchase of the required equipment in case of any malfunctioning.

The State or Union Territories’ Director General/Inspector General of Police should instruct Police Station heads to properly and regularly check the functionality of the cctv systems. The CCTV systems must be installed in every Police Station across all states and union territories for proper surveillance. The CCTV cameras must have night vision as well as both audio video recording capabilities and be supported by reliable power and internet sources. CCTV footages must be kept for a maximum of 18 months.

Complaints regarding the use of force or custodial deaths at police stations can be submitted to the State Human Rights Commission or designated Human Rights Courts. These bodies can access and preserve CCTV footage related to such complaints for further investigation and resolution. The CCTV cameras shall also be installed in offices of CBI, NIA, ED, NCB or other agencies.

The Court directed Union of India to file an affidavit in the Supreme Court, wherein the Union shall update on the formation and working of the bodies. The Court directed that CCTV shall be installed in all places where accused are interrogated or held. The Central Oversight Body shall look over the investigation and enforcement agencies, and perform the functions of the SLOC for them.

SLOC and COB must direct all Police Stations and investigative agencies to post clear notices in vernacular about CCTV coverage at their entrances and inside. They must also inform individuals of their right to report human rights violations and that CCTV footage is kept for at least six months, which can be secured if needed..

• CONCLUSION:

The directions by the Court are all aimed to uphold fundamental rights guaranteed under Article 21 of the Constitution. However, since the initial order regarding the same passed by the Hon’ble Court did not result in any progress. Hence it is very important for the appropriate authorities to fully implement the Order promptly.

Each State and Union Territory must have their Principal Secretary, Cabinet Secretary, or Home Secretary file affidavits detailing a concrete action plan with specific timelines for compliance. The Court directed the order to be sent to all Chief and Principal Secretaries of States and Union Territories.