NEW DELHI: The Supreme Court has expressed its displeasure over the failure of Central as well as State investigating agencies to install CCTV cameras at police stations and their offices, warning their top officers should personally be present and explain why contempt action should not be taken against them if they failed to comply with its directions by July 18.
"This is not an adversarial litigation. When this Court had issued directions, in order to maintain transparency at the police station and the officers of the investigating agencies, the Union of India and the State Governments/Union Territories ought to have complied with the said directions," a bench of Justices B R Gavai and Vikram Nath said.
The court ordered all the State Governments/Union Territories and Union of India to file their respective affidavits prior to July 18, 2023 stating therein that the compliance, in effect, has been made.
"In any case, we are not inclined to take a stricter action at this stage. However, we grant three months’ time, by way of last chance, to the Union of India and all the State Governments/Union Territories to comply with the directions issued by this Court," the bench said.
Senior advocate Siddharth Dave, acting as Amicus Curiae, has filed a report, giving details in a tabulated form about the affidavits filed by the Union of India, various State Governments/Union Territories.
The report revealed that two Union Territories i.e. Union Territory of Andaman and Nicobar and Union Territory of Ladakh as well as the States of Mizoram and Goa have fully complied with the directions issued by this Court i.e. making budgetary allocations as well as actual installation of the CCTV cameras
"However, insofar as Union of India and other 26 State Governments/Union Territories are concerned, the report would show that either there is non-compliance with both the aspects or non-compliance with one of them," the court noted.
In so far as States of Kerala, Rajasthan, Sikkim, Union Territory of Dadra and Nagar Haveli & Daman & Diu and Union Territory of Lakshadweep are concerned, they have not even filed the affidavits pointing out the present status, the court said.
"Vide our order dated 21.02.2023 we had specifically directed all the State Governments as well as the Union Territories to file their respective affidavits prior to 29.03.2023, we had also warned that if such affidavits are not filed, we shall be constrained to take serious view of the matter," the bench pointed out.
With regard to the State of Rajasthan, it was pointed out that out of 892 police stations, CCTV cameras have actually been installed in 888 police stations. Insofar as the State of Sikkim is concerned, the CCTV cameras have been installed in all the 34 police stations. In Telangana, that there is change in counsel and as such the orders could not be complied with.
The court directed the Chief Secretary/Administrator of such of the State Government/Union Territory, who failed to comply with the directions and not file the required affidavit prior to July 18, 2023 should personally remain present in this Court on the next date of hearing, to show cause as to why an action for committing contempt should not be taken against them.
In case the Union of India does not comply with the directions and does not file an affidavit, the Secretary (Home), Union of India, should remain personally present before the Court on the next date of hearing, to show cause as to why an action for committing contempt should not be taken against him.
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