The Supreme Court of India on Tuesday issued stern observations against the Union Government over its continued failure to implement a binding judicial mandate requiring the installation of CCTV systems in police stations and central investigating agencies.
A Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta expressed its dissatisfaction while reviewing compliance with the Court’s landmark 2020 ruling, which directed the Centre and States to install and maintain CCTV cameras in all interrogation and detention facilities under their control.
The Bench noted with dismay that only 11 States and Union Territories have filed compliance reports. The Union Government has not submitted any compliance report, despite the passage of nearly five years since the judgment.
Justice Nath remarked:
“Is the Union of India taking the Court so lightly?”
Solicitor General Tushar Mehta denied any disregard of the Court, assuring that the Government would file a detailed response. The Bench, however, clarified that mere affidavits would not suffice; actual compliance is required.
Custodial Deaths Trigger Court’s Concern
During the hearing, the Bench drew attention to alarming figures, including reports of 11 custodial deaths in Rajasthan within an eight-month span.
Justice Mehta observed that such incidents cannot be tolerated in a constitutional democracy and emphasized the State’s duty to protect the dignity and life of individuals under custody.
The Solicitor General argued that installing cameras outside police stations could potentially pose security risks.
The Court responded by citing international practices, such as live-streamed police departments in the United States, and reiterated that surveillance measures must be implemented where interrogations or detentions occur, not merely at the exterior of buildings.
Court Warns of Personal Accountability
Taking a firm stance, the Bench directed that, should compliance reports remain outstanding, the directors of central agencies such as the CBI, ED, and NIA, along with the Principal Home Secretaries of non-compliant States and Union Territories, must personally appear before the Court at the next hearing on December 19.
Legal Context: Paramvir Singh Saini v. Baljit Singh (2020)
The current proceedings stem from the Supreme Court’s 2020 judgment in Paramvir Singh Saini v. Baljit Singh, authored by Justice Rohinton F. Nariman (Retd.).
The Court made CCTV surveillance mandatory in:
- All police stations in India, and
- All offices or units of central investigative bodies authorized to interrogate or detain individuals, including:
-
- CBI
- Enforcement Directorate
- National Investigation Agency
- Narcotics Control Bureau
- Directorate of Revenue Intelligence
- Serious Fraud Investigation Office
- Any additional agency exercising powers of arrest or interrogation.
-
The Court held that CCTV recording serves as a safeguard against custodial torture and is directly connected to the fundamental right to dignity and life under Article 21 of the Constitution.
The apex court has allowed the Solicitor General further time to ensure comprehensive compliance. The judges cautioned that constitutional principles of transparency and accountability in custody cannot be compromised by reluctance, delay, or administrative indifference.
Follow Mahamana News For More Recent Judgments
