Kiran Raj

The Odisha High Court, while adjudicating Suo Motu W.P.(C) No. 23735 of 2024, issued a series of binding directions concerning the installation of CCTV cameras in all police stations and outposts across the State of Odisha by March 31, 2025. The Division Bench comprising Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho took suo motu cognizance of the incident at Bharatpur Police Station, Bhubaneswar, after a communication from Lieutenant General PS Shekhawat highlighting serious allegations of custodial mistreatment involving an Army officer and his fiancée.

The Bench observed that the incident, which occurred on September 15, 2024, exposed a glaring administrative lapse in the absence of functional CCTV facilities at the Bharatpur Police Station. It noted that the two individuals had approached the police station to lodge a complaint regarding a road rage incident but were instead subjected to custodial mistreatment, including physical assault and misbehavior. FIR No. 640 of 2024 was subsequently registered against them, alleging the commission of several cognizable offences, including an attempt to murder police personnel.

The Court remarked: “The absence of CCTV facilities in the Bharatpur Police Station, where such an incident unfolded, constitutes a manifest administrative failure. Functional surveillance systems could have provided clarity on the events that transpired.”

The Advocate General, Mr. Pitambar Acharya, informed the Court that the State Government had initiated disciplinary action against the erring officials, suspended them pending inquiry, and handed over the investigation to the Crime Branch under the supervision of a senior IPS officer. Additionally, a Judicial Commission of Inquiry headed by Justice (Retd.) Chitta Ranjan Dash was constituted under the Commissions of Inquiry Act, 1952, to examine the incident and recommend preventive measures. The Bench acknowledged these actions but noted that the absence of CCTV evidence impeded transparency and accountability.

The Court referenced the directives of the Supreme Court in Paramvir Singh Saini v. Baljit Singh & Ors. (2020), mandating the installation of CCTV cameras in police stations nationwide to enhance transparency and protect human rights. It directed: “All police stations and police outposts in the State of Odisha must be equipped with CCTV cameras appropriately placed to cover critical areas such as entry and exit points, corridors, lobbies, lockups, and duty officer rooms. These systems must be integrated with the Central Monitoring System (CMS) through Video Management System (VMS) by 31.03.2025.”

The Court reviewed affidavits and progress reports submitted by the Additional Director General of Police (Modernization), Mr. Dayal Gangwar. The reports revealed that while CCTV cameras had been installed in 593 police stations, a significant number were non-functional. Efforts were underway to restore functionality, integrate the systems with CMS and VMS, and install CCTV facilities in 295 outposts. The affidavit detailed the steps taken, including the establishment of three-tier oversight mechanisms at police station, district, and state levels to monitor the maintenance and operation of the surveillance systems.

The Bench noted the adoption of a Standard Operating Procedure (SOP) by the State Government for police interaction with members of the Armed Forces. The SOP emphasized courtesy, prompt redressal of grievances, and adherence to statutory safeguards during interactions or arrests involving defense personnel. The Court directed: “The SOP must be publicized and circulated in Odia across all police stations and outposts, ensuring that police personnel are well-versed with its provisions.”

Expressing its satisfaction with the measures taken by the State, the Court stated: “We have been informed that the integration of CCTV systems with CMS and VMS in several districts has already been completed, and the remaining installations are on track to meet the stipulated deadline.”

The Court further directed the State to ensure that the affidavit assurances given by Mr. Gangwar regarding the timeline for installations and maintenance are honored without deviation. It stated: “The assurance provided to this Court must be adhered to, and any breach shall invite judicial scrutiny.”

The suo motu petition was disposed of with the following directions:

1. All police stations and outposts must be equipped with fully functional CCTV cameras integrated with CMS and VMS by March 31, 2025.

2. The SOP for interactions with Armed Forces personnel must be effectively implemented and circulated in Odia across all police establishments.

3. The State Government and police authorities are to ensure compliance with the affidavits submitted to the Court.

4. No observation in the order shall prejudice the ongoing investigation by the Crime Branch or the inquiry by the Judicial Commission.

Case Title: Registrar Judicial, Orissa High Court, Cuttack v. The State of Odisha & Ors.
Case Number: Suo Motu W.P.(C) No. 23735 of 2024
Bench: Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho

[View/Download order]