CASE BRIEF

Title and Citation: Paramvir Singh Saini Versus Baljit Singh & others, Special Leave
Petition (Criminal) No.3543 Of 2020

Background: A report by Committee of Experts on the use of videography of the scene of

crime during investigation was approved by the Hon’ble Supreme Court in the matter of
Shafhi Mohammad v. State of Himachal Pradesh, (2018) 5 SCC 311. To implement the Plan
of Action prepared by the Committee, a Central Oversight Body (COB) was to be set up by
the MHA. The COB was also required to give instructions for the installations of CCTV in
Police Stations as was directed by the Hon’ble Supreme Court order in the matter of D.K.
Basu versus State of West Bengal and ors. (2015) 8 SCC 744 .

Order given 2/12/20: In the instant petition, the States and UT’s were issued notices on
16/9/2020, to find out the progress in the implementation of CCTV in police stations. The
affidavit filed did not have sufficient information so as to give a clear picture of the progress
made in this regard. The court vide the present order has given a deadline of Six weeks to the
respective governments to again file affidavit containing all necessary information including
total number of police stations equipped with CCTV; specifications of the CCTV installed
etc.

The order included clear directions wrt installation and maintenance of CCTV. The court
has enlisted all places at which CCTV should be installed, the minimum specification
regarding recoding capability and video quality of CCTV. To make sure that no part of police
station is left uncovered the order specifies that CCTV shall be installed at all entry and exit
points, main gate of the police station, all lock-ups, all corridors, lobby/the reception area, all
verandas/outhouses, Inspector's room; SubInspector's room; areas outside the lock-up room;
station hall; in front of the police station compound; outside (not inside) washrooms/toilets;
Duty Officer’s room; back part of the police station etc. CCTV systems that have to be
installed must be equipped with night vision and must necessarily consist of audio as well as
video footage. 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

The court in its order also dealt with the constitution of Oversight Committees. The Hon’ble
court has ordered constitution of the committee at two levels- State And District. The
function of District Level Oversight Committee (DLOC) is largely to make sure that the
CCTV are always in working condition by continuous monitoring of it and to review the
footage stored to check any human rights violation. The State Level Oversight
Committee(SLOC) is entrusted with the task of procuring CCTV and all other necessary
equipment, budgetary allocation for the same and getting monthly report from DLOC on the
working of CCTV. As per the order the SHO of police station will be under charge for the
maintenance, backup of data, fault rectification etc. of CCTV. Any defect has to be reported
to DLOC by the concerned SHO which will then communicate it to SLOC. SLOC will take
the corrective measure – Replacement or repair of equipment, to ensure continuous
surveillance of the police stations

Through this order Union of India is also instructed to install such system of surveillance by
CCTV in the offices all central investigative agencies like Central Bureau of Investigation
(CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), Narcotics
Control Bureau (NCB), Department of Revenue Intelligence (DRI), Serious Fraud
Investigation Office (SFIO) or any other agency which carries out interrogations and has the
power of arrest. The Union of India is also to file an affidavit in which it will update this
Court on the constitution and workings of the Central Oversight Body. COB will perform
similar functions as the SLOC for these central investigative agencies.

The court has also instructed all the Executive/Administrative/police authorities are to
implement this Order both in letter and in spirit as soon as possible since the progress made
thus far after the 2018 Hon’ble Supreme Court Order has been dismal.

As per the order, under section 30 of the Human Rights Act 1933, a court should be set up to
redress the complaints of custodial violence in the Police Stations in addition to the already
existing State Human Rights Commission. Upon receiving any complaint, the
commission/court can then immediately summon the relevant video recordings of the CCTV
for its safekeeping. Commission/court can then share such video recordings with relevant
investigation agency to further process the complaint.