"Unimportant places are where accused will be thrashed by Police," SC reserves order in plea for CCTVs in police stations

The Supreme Court on Tuesday reserved its order in a case relating to installation of CCTV camera in police stations across India while contemplating preservation of CCTV for more than 45 days and installation of CCTV with audio facility. .A three-judge bench comprising Justices Rohinton Fali Nariman, KM Joseph and Aniruddha Bose took exception to the submission by counsel for Tamil Nadu that the State government has installed CCTVs at "all the important areas of police stations."."The most unimportant places will become the most important as the accused will be thrashed there," Justice Rohinton Nariman responded..The case on CCTV installation was revived by Bench following an incident involving alleged custodial torture in Punjab. Justice Nariman had appointed Senior Advocate Siddhartha Dave as Amicus Curiae and sought a report on steps needed to check such violations. The court had even requested Attorney General KK Venugopal to assist the Bench in the matter. .The top court in April 2018 had ordered CCTV cameras to be fitted in every police station in the country with a view to curb police excess..Dave submitted on Monday that 15 states replied to the notice issued by Supreme Court in September this year.."Sikkim has installed 2 CCTV camera in prisons, not in police stations. Mizoram has installed 147 CCTV in 40 prisons. Nobody says where they are placed. Boundary wall doesn't serve purpose," he said..Justice Nariman observed that there should be some uniformity in who files these affidavits.."Affidavits have been filed by persons of several stature up through Superindent of police, WB has done through commisioner of home dept. We have to lay down clearly who should file this affidavit," the Supreme Court remarked..To this Dave, suggested that Home Secretary of each State should be allowed to file such affidavit, which the court noted..Attorney General KK Venugopal submitted that rural areas would need internet to be provided as the same was needed for CCTV."State govt should ensure electricity and internet is made available to these stations. Questionnaire also needs to be circulated to elicit all info needed for in affidavits. A helpline to the oversight committee needs to be put in place so that any atrocities being committed can be brought to light immediately," submitted AG..Supreme Court clarified that they are primarily on the installation of the cameras as the court was on the subject of "police atrocity.".The amicus suggested that the oversight committee can have the police commissioner, district magistrate and Superintendent of police as members to ensure quick action..However, Advocate Nittany Ramakrishnan submitted that well-known members of the citizenry should also be a part of the oversight committee and not just independent bureaucrats.Justice Nariman observed that "grievance redressal" was an objective of the order..The top court also pondered over how the CCTV footage can be preserved for more than 45 days and whether CCTV with audio should be mandated instead of just video ones."We are in the first step of installation. CCTV with audio is expensive than without and thus states prefer the same," submitted Dave..The amicus has now been asked to submit an additional written note of suggestions by Friday so that the bench can decide on the order over the weekend.