Custodial violence/death a blot on system: Supreme Court

Describing custodial violence and custodial death as a "blot "on the system, The Supreme Court on Tuesday said the country will not tolerate this.

"Now this country will not tolerate this. This is a blot on the system. You can't have deaths in custody," a Bench of Justice Vikram Nath and Justice Sandeep Mehta said while hearing a suo motu case on lack of functional CCTV cameras in police stations across India.

Referring to its September 4 order passed in the matter, the Bench said 11 deaths were reported in police custody in eight months in Rajasthan as it wondered if the Centre was taking the issue lightly.

The top court expressed its displeasure over the Government’s response to its direction to instal CCTV cameras in police stations and offices of CBI, ED and NIA to prevent custodial torture.

Solicitor general Tushar Mehta said custodial deaths cannot be justified. Mehta – who was not appearing in this case – assured that the Centre would file the compliance affidavit in three weeks.

Senior advocate Siddhartha Dave said he has filed a report in which the order was passed in December 2020.

In a move aimed at checking police brutality, the Supreme Court on December 2, 2020 ordered the Centre, states and union territories to instal CCTVs with night vision cameras in each police station, including central probe agencies such as CBI, ED, NIA etc. across India.

"The State and Union Territory governments should ensure that CCTV cameras are installed in each and every police station functioning in the respective state and/or Union Territory. In addition, the Union of India is also directed to instal CCTV cameras and recording equipment in the offices of: CBI, NIA, ED, NCB, DRI, SFIO and any other agency which carries out interrogations and has the power of arrest," a Bench headed by Justice RF Rohinton (since retired) had said.

The CCTV systems "must be equipped with night vision and must necessarily consist of audio as well as video footage." The SHO of the police station concerned shall be responsible for the working, maintenance and recording of CCTVs, it had said.

The top court had also ordered the constitution of oversight committees at state and district levels for this purpose.

In areas without electricity and/or internet, the States/UTs have to provide the same as expeditiously as possible using any mode of providing electricity, including solar/wind power, it had said.

The 2020 order had come in a case relating to CCTV camera installation in police stations and examination of witnesses by police. The CCTV camera installation was revived by the top court following a case of custodial torture in Punjab.

The top court had said CCTV camera footage should be stored in digital video recorders and/or network video recorders. Importantly, the recording system should be such that the data stored therein is preserved for 18 months.

"If the recording equipment, available in the market today, does not have the capacity to keep the recording for 18 months but for a lesser period of time, it shall be mandatory for all States, Union Territories and the Central Government to purchase one which allows storage for the maximum period possible," it had noted.

In case of serious injury and/or custodial deaths, the injured persons will be free to complain to the State Human Rights Commission as also to Human Rights Courts, which must then be set up in each district of every state/UT under Section 30 of the Human Rights Act, the top court had said.