80 percent RTI requests for CCTV footage of police stations are declined: MP State Information Commission

The Madhya Pradesh State Information Commission (SIC) recently directed the State Director General of Police (DGP) to ensure that CCTV records of happenings inside police stations are preserved properly. .State Information Commissioner Rahul Singh passed the order, directing the DGP to ensure that upon receipt of a Right to Information (RTI) application seeking CCTV footage from within police stations, the Public Information Officer (PIO) concerned must preserve the CCTV footage until the RTI application and subsequent appeals are decided..The Information Commissioner also raised concerns over the apparent non-compliance with the Supreme Court's guidelines on the preservation of CCTV systems in the State's police stations.The SIC took note of a disturbing trend whereby police officers decline to provide information in approximately 80 percent of cases where requests are made for access to CCTV footage from police stations through RTI applications.The reasons cited by the police include that the CCTV footage was automatically erased, power failures, or issues with the CCTV digital video recorder (DVR), the SIC noted..The SIC observed that in instances where human rights are alleged to be violated within police stations, it is customary for RTI applicants to request access to CCTV footage. The SIC proceeded to underscore that in such cases, requests for access to CCTV footage is linked to the fundamental and constitutional rights of the victims which are safeguarded under Article 21 of the Constitution..The order was passed after one Shishupal Jatav, a Shivpuri resident failed to get CCTV footage from a police station where he had allegedly been attacked by the police. Shishupal had filed an RTI request in October 2021 to acquire CCTV footage from the local police station. The Additional Superintendent of Police, who was the Public Information Officer (PIO) concerned, responded by stating that the footage had automatically been deleted after fifteen days. Therefore, the CCTV footage cannot be provided, Shishupal was told..Subsequently, Shishupal filed an appeal before the SIC alleging that the CCTV footage from the police station was deliberately destroyed in an attempt to conceal evidence of his assault by the police within the police station.Shishupal asserted that since the assault was recorded on the police station's CCTV cameras, the police was trying to eliminate the only incriminating evidence in the case. .While considering the complaint, the SIC found that there were delays in the decision-making process concerning the preservation of CCTV footage. It was also noted that the footage in this case was destroyed just a day before the PIO's reply..Hence, Information Commissioner Rahul Singh surmised that the prolonged handling of the RTI application appeared to be a deliberate tactic to erase the CCTV records.Singh further observed that such erasure could potentially favor the police personnel accused of assault..Having taken note of such concerns, the SIC directed that upon receiving any RTI application requesting CCTV footage at police stations, the officers concerned must promptly secure the footage and preserve it until the resolution of the RTI application. The DGP was ordered to ensure compliance with this directive..Further, the SIC directed that any PIO who cites delay in moving an RTI request as the reason for destroying CCTV footage, would be held accountable and may face penalties under Section 20 of the RTI Act for willfully allowing the destruction of records.