Whole Police Station Should Be Monitored Through CCTVs Including Interrogation Room: P&H HC
Whole Police Station Should Be Monitored Through CCTVs Including Interrogation Room: Punjab & Haryana High Court
1. Background and Context
Police stations are crucial nodes in the criminal justice system where investigations begin, arrests are processed, and interrogations conducted. However, allegations of custodial torture, illegal detention, fabricated evidence, and custodial deaths have marred the reputation of police stations across India.
To enhance transparency, accountability, and protection of human rights, courts and human rights bodies have repeatedly emphasized the installation of CCTV cameras in police stations.
2. The Punjab and Haryana High Court Judgment
In a landmark order, the Punjab and Haryana High Court (P&H HC) has directed that:
Entire police stations should be covered by CCTV surveillance, including the interrogation rooms.
The aim is to prevent custodial torture, custodial deaths, and ensure fair investigation.
CCTV footage must be preserved properly and be accessible for judicial scrutiny when required.
This also acts as a safeguard for police officers against false allegations.
3. Legal Reasoning Behind the Direction
A. Protection of Fundamental Rights
Article 21 (Right to Life and Personal Liberty) includes protection from torture and cruel, inhuman, or degrading treatment.
Custodial torture and deaths violate Article 21 and amount to gross human rights violations.
B. Transparency and Accountability
CCTV ensures objective recording of events.
It acts as a deterrent against misconduct by police personnel.
Helps in fair and transparent investigation, thereby protecting the rights of the accused as well as the police.
C. Safeguard Against False Allegations
CCTV footage can protect police officers from baseless complaints.
It ensures that justice is done both to victims and law enforcement.
4. Relevant Case Law Supporting CCTV Surveillance in Police Stations
4.1. D.K. Basu v. State of West Bengal (1997)
AIR 1997 SC 610
The Supreme Court laid down detailed guidelines to prevent custodial torture.
Important among these was the recommendation of video recording of interrogation and medical examination.
The court emphasized the need for mechanisms to monitor police custody to protect rights.
4.2. Nandini Satpathy v. P.L. Dani (1978)
AIR 1978 SC 1025
The Court recognized the right against self-incrimination and the need for fair interrogation practices.
Indirectly supports measures such as CCTV to protect accused from coercion.
4.3. State of Punjab v. Gurmit Singh (1996)
(1996) 2 SCC 384
Supreme Court held that delays in producing detainees before magistrates and custodial violence violate Article 21.
Emphasized accountability of police.
4.4. Vijay Pal Singh v. State of Uttar Pradesh (2020)
(2020) SCC OnLine SC 112
Supreme Court reiterated the need to record statements and interrogation to avoid abuse.
Supported use of technology like CCTV to ensure fairness.
4.5. Various High Court Directions
Several High Courts including Delhi, Bombay, Kerala, have directed installation of CCTVs in police stations and even jail cells to curb custodial violence.
Bombay High Court in People’s Union for Civil Liberties (PUCL) v. State of Maharashtra emphasized continuous video surveillance.
5. Practical Implications of the Punjab & Haryana HC Direction
Installation of high-quality CCTV cameras covering all areas of the police station.
Continuous recording during interrogation to prevent torture or coercion.
Proper maintenance and secure storage of recordings.
CCTV footage can be used as evidence in courts.
It strengthens accountability of police officials and builds public confidence.
6. Challenges and Concerns
Privacy Concerns: While protecting the accused, care must be taken to protect privacy rights.
Technical Issues: Proper installation, maintenance, and storage of CCTV footage need resources.
Misuse of Footage: Strict protocols must be in place to prevent tampering or misuse.
7. Conclusion
The Punjab and Haryana High Court’s directive to monitor entire police stations, including interrogation rooms, through CCTV is a progressive step in safeguarding fundamental rights, ensuring police accountability, and preventing custodial abuse.
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