Madhya Pradesh High Court calls for equipping cops with bodycams

The Madhya Pradesh High Court recently called for equipping police personnel in the state with body cameras and increasing the number of cops [Nirmal vs State of UP].Justice Subodh Abhyankar passed the order after deciding a bail application of an accused who said the police had slapped a false case against him under the Narcotic Drugs Psychotropic Substance Act (NDPS Act).“This court is also of the considered opinion that the time has come when the State Government should also give a thought to providing body cameras to police personnel, at least to the police force of some of the police stations in major cities, in addition to increasing the number of police personnel,” the Court said..The accused Nirmal was granted bail last month due to serious lapses on part of the concerned police station in furnishing CCTV footage to the accused, who had alleged that he was arrested prior in time and the case was registered subsequently.However, after granting bail to the accused, the Court inquired about the current practice adopted by police to maintain the CCTV cameras installed in the police stations..In response, it was told that Supreme Court’s guidelines were being complied with and a Standard Operating Procedure (SOP) was also issued with effect from January 2024. Further, it was submitted that the capacity of the CCTVs installed in the police stations is sufficient to keep the data for minimum one year.However, the Court opined that all the hardware installed and SOPs issued for proper maintenance of the same are meaningless if they are not implemented in letter and spirit..It also found that the SOP does not provide for any penal consequences against officers in case of non-adherence. After reading a rule providing for departmental action, the Court said,“The aforesaid proposed disciplinary action, in the considered opinion of this court, is a mere eye wash and totally inadequate to make any impact on the police officer concerned.”The Court added that if the persons, who are responsible for proper maintenance of the CCTVs and to see to it that they work round the clock, do not perform their duties with honesty and due diligence, all the SOPs and hardware become an empty formality at the cost of the public exchequer, and also hinders the administration of justice..Thus, to ensure proper compliance with SOPs, the Court invoked its inherent jurisdiction to direct that in case of any failure to provide CCTV footage to any person by the concerned SHO or any other responsible police official, a departmental enquiry may be initiated.In case anyone is found guilty, it should be treated as a major misconduct and punished accordingly, the Court ordered."It must be understood that the CCTV cameras in the police stations have been directed to be installed with a view to ensure that the fundamental rights of the citizens are protected, and to prevent police atrocities in the police station/custody, thus, any negligence or dereliction of duties to carry out the aforesaid procedure shall be treated as a serious lapse in performing the duties,” the Court stressed..The Court also directed the State Level Oversight Committee and the District Level Oversight Committee to perform their duties as prescribed in the Supreme Court.They should also meet at least once in a month to take stock of the situation with minutes of the meetings kept for record, it added.“Let a copy of this order be sent to the Director General of Police, M.P./Senior Superintendent of Police, Radio, Bhopal for its proper compliance and for further communicating the gist of the same to all the police stations of the State,” the Court ordered as it disposed of the case..Advocate Abhishek Rathore represented the applicant.Advocate Apoorv Joshi represented the State.[Read Order]