On May 27, 2022, the Delhi High Court sought response of the Delhi Government and city police in a case of Mohd. Arshad Ahmad v/s. The State NCT of Delhi & Ors. [W.P. (Crl) no. 1239 of 2022], as to why CCTV cameras installed there had no audio facility. The Court also observed that the CCTVs were not installed as per the directions of the Supreme Court in Paramvir Singh Saini v/s. Balijit Singh & Ors.
A Single-judge Bench of Anu Malhotra, while hearing the Petition, sought a status report from the State, and adjourned the matter for next hearing on July 27, 2022. The Court held, “In the circumstances, the respondent Nos.1 and 2 shall explain as to why the audio footage has not been installed so far and the compliance of the installation of the audio footage in terms of the directions of the Hon’ble Supreme Court in Paramvir Singh Saini (Supra) be placed on record without default by the State for the next date of hearing.”
In the above Supra case, Hon’ble Supreme Court had directed that the CCTVs have essentially to be installed in the Police Stations, lock-ups, corridors, lobbies, reception areas, verandas/outhouses, Inspector’s rooms, Sub-Inspector’s rooms, areas outside the lock-up rooms, 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 and that the said CCTV systems have to be equipped with night vision and must necessarily consist of audio as well as video footage.
About the Petition
The Petition filed before the Court sought following directions:
a) Direct the SHO, P.S. Nabi Karim to ensure strict compliance of the final Order and Judgment dated August 1, 2020 passed by this Hon’ble Court by providing adequate Police protection to the Petitioner in the discharge of his official and religious duties as an Imam of Masjid Dargah Hazrat Khwaja Baqi Billah (R.A.) situated at Eidgah Road, Paharganj, Delhi;
b) Direct the SHO to secure and preserve forthwith the CCTV footage both Audio and Video of cameras installed inside the Police Station, especially inside the room of the SHO and place on record before this Hon’ble Court pertaining to the incident dated May 01, 2022 between 02.00 P.M to 07.00 P.M, in terms of the Hon’ble Supreme Court’s Judgment passed in the case of Paramvir Singh Saini vs Baljit Singh & Ors.
c) Direct the State to conduct an in-depth enquiry in a fair and impartial manner considering the principles of natural justice under the direct supervision of the DCP Vigilance or by a Police Officer of a higher rank on the incident which occurred inside the room of the SHO.
d) Direct the State to take stringent legal action against the private Respondents for brazenly threatening, intimidating and subjecting the Petitioner to inhuman and degrading treatment that too in the presence of the SHO.
Arguments by the Respondent
It was submitted by the State and as well as Police that that there are exaggerated submissions that have been made in the petition, and that there was only an exchange of hot words between the Petitioner and the private Respondents. They further claimed that the SHO had called both the parties to the Police Station to maintain peace and harmony between them on the occasion of Eid-Ul-Fitr.
It was further by the State that the CCTV video footage of the Police Station Nabi Karim has already been preserved. However, the Court was apprised that the audio footage of the day was not available.
Court’s observation
The Court however observed, “It is essential to observe that in view of the verdict of the Hon’ble Supreme Court in Paramvir Singh Saini vs Baljit Singh & Others in Special Leave Petition (Criminal) No.3543/2020 vide paragraph 16 and 17 thereof, it has been expressly directed that the CCTVs have essentially to be installed in the Police Stations, lock-ups, corridors, lobbies, reception areas, verandas/outhouses, Inspector’s rooms, Sub-Inspector’s rooms, areas outside the lock-up rooms, 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 and that the said CCTV systems have to be equipped with night vision and must necessarily consist of audio as well as video footage.”
The Court, seeking response of the authorities in the matter on installation of audio footage of CCTV cameras in police stations, adjourned the matter till July 27.
The entire Order may be read here:
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