Tuesday, 8 December 2020

When should the court not accept the defence of police that CCTV Camera of the police station was not working on the day of the incident?

 

When such system is installed, some officer needs to be

appointed to oversee the working of the system and every day the

recording needs to be seen by some officer and entry about it needs

to be made in some register. This procedure must have been

followed by police station. This Court wants to see that the registers

are maintained in respect of CCTV system in concerned police

station to ascertain truthfulness of the submission that CCTV system

was not working on that day. If the CCTV system was not working

on 20/04/2020, ordinarily entry of the same in the register could

have been taken immediately when fault was found with the CCTV

system. There is no such record produced by the learned Addl.

Public Prosecutor. These circumstances create serious suspicion

against the concerned police station. This Court is hereby directing

the District Superintendent of Police, Osmanabad, to look into the

matter personally and make enquiry into the matter. This Court is

again observing that in many cases it is informed to the Court that

on that particular day the CCTV system was not working. This

cannot be allowed to happen as the purpose behind installing the

CCTV system itself is defeated when such submissions are accepted.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

65. CRIMINAL WRIT PETITION NO. 1111 OF 2020

Wajid  Mukhtyarmiya Shaikh Vs The State of Maharashtra and others


C ORAM : T.V. NALAWADE &

M.G. SEWLIKAR , JJ.

DATE : 2nd December, 2020


1. Today, the learned Addl. Public Prosecutor produced the

communication of the Asstt. Police Inspector, Umarga Sub-Division

of Police. It shows that CCTV footage of the police station of the

relevant day is not available as on that date system of CCTV was not

working. Some record like copy of general diary details dated

20/04/2020 is produced. It is mentioned that there is no CCTV

footage of the date – 20/04/2020. It appears that some

communication in respect of fault in CCTV system was made on


2. This is not a first instance when the concerned police

station has informed that CCTV system was not working. Some

specific directions are given by this Court at this seat and at the

Principal Seat also to see that CCTV systems are installed in every

police station and it should cover lockup and other portion of police

station. Such system controls activities like atrocities against

persons who are brought to police station. It is surprising that in

many cases submission is made that on that particular day, CCTV

system was not working.

3. When such system is installed, some officer needs to be

appointed to oversee the working of the system and every day the

recording needs to be seen by some officer and entry about it needs

to be made in some register. This procedure must have been

followed by police station. This Court wants to see that the registers

are maintained in respect of CCTV system in concerned police

station to ascertain truthfulness of the submission that CCTV system

was not working on that day. If the CCTV system was not working

on 20/04/2020, ordinarily entry of the same in the register could

have been taken immediately when fault was found with the CCTV

system. There is no such record produced by the learned Addl.

Public Prosecutor. These circumstances create serious suspicion

against the concerned police station. This Court is hereby directing

the District Superintendent of Police, Osmanabad, to look into the

matter personally and make enquiry into the matter. This Court is

again observing that in many cases it is informed to the Court that

on that particular day the CCTV system was not working. This

cannot be allowed to happen as the purpose behind installing the

CCTV system itself is defeated when such submissions are accepted.

This Court is hereby directing the District Supdt. of Police,

Osmanabad, to make enquiry into the present matter and also into

the procedure adopted about working of the CCTV system and

maintenance of the record of the CCTV system in the police station.

The report needs to be submitted before 18th December 2020. Keep

the matter on 18th December 2020.

4. Authenticated copy of the order is allowed to both the

sides.

Sd/- Sd/-

( M.G. SEWLIKAR ) ( T.V. NALAWADE )

JUDGE JUDGE


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