Orissa High Court
Registrar Judicial vs The State Of Odisha on 23 December, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
SUO MOTU W.P.(C) No. 23735 of 2024
Registrar Judicial, Orissa High Court, Cuttack. ...Petitioner
-Versus-
1. The State of Odisha, represented by the Chief Secretary, At-
Secretariat Building, Bhubaneswar, Dist-Khurda.
2. The Addl. Chief Secretary, Government of Odisha, At-Secretariat
Building, Bhubaneswar, Dist-Khurda.
3. The Director General of Police, Odisha, At-State Police
Headquarters, Cuttack.
4. The Addl. Director General of Police, CID, CB, Odisha, Cuttack.
...Opposite Parties
Advocates appeared in the case:
For the Petitioner: Mr. Gautam Mishra, Senior Advocate
(Amicus Curiae) assisted by
Mr. A. Dash, Advocate
For Opposite Parties: Mr. Pitambar Acharya,
Advocate General
Mr. Saswat Das, Addl. Govt. Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MISS JUSTICE SAVITRI RATHO
JUDGMENT
23.12.2024
Chakradhari Sharan Singh, CJ.
The Bharatpur Police Station in the city of Bhubaneswar, the
capital of the State of Odisha shot to prominence and widely hit the
Page 1 of 29
headlines of both the print and electronic media, for wrong reasons, in
relation to a disturbing occurrence that had taken place in the premises
of the police station on 15th September, 2024. We have considered it
just and equitable not to refer to the allegations and counter allegations
concerning the said incident in the present order as that may influence
the matters which are pending police investigation and, the inquiry
ordered by the State government under the Commissions of Inquiry
Act, 1952 by a retired Hon’ble Judge of this Court.
2. The fact which was found to be disturbing was that an army
officer along with his fiancée had gone to the Police Station on
15.09.2024 late in the night to lodge a First Information Report (FIR)
against the miscreants, who had allegedly misbehaved with them. What
happened inside the police Station with them or what did the duo do
with the police personnel are subject matter of investigation/inquiry.
The Bharatpur Police lodged an FIR against the said army officer and
his fiancée registered as Bharatpur P.S. Case No.640 of 2024, alleging
commission of various cognizable offences including the offence of
attempt to murder the police personnel in the police station. The
officer’s fiancée was arrested. The army officer and his fiancée were
unarmed.
3. Based on a letter dated 18.09.2024 addressed to the Chief Justice
by the Lieutenant General PS Shekhawat, AVSM, SM, General Officer
Commanding & Colonel of the MECH INF REGT, Madhya Bharat
Area and his meeting with the Chief Justice at the residence on
17.09.2024, prior to making of the said communication dated
18.09.2024, suo motu cognizance of the incident was taken and this
case, in the nature of Public interest Litigation came to be registered.
Page 2 of 29
The contents of the said communication dated 18.09.2024 of Mr.
Shekhawat is being reproduced hereinbelow:-
“1. I am writing to bring to your attention, a grave
incident that occurred at Bharatpur Police Station,
Bhubaneswar on 15 September, 2024, where the
prestige of a serving Army Officer was demeaned and
the modesty and dignity of his fiancée , x x x x x .
2. The unfortunate incident took place when the Army
Officer along with his fiancé went to the police station
to file a complaint against miscreants who had
misbehaved with the couple at approximately 0100
hours on the day of the incident. Instead of extending
the expected protection and support, the officers on
duty acted in a manner unbecoming of their position.
They not only humiliated the lady but also molested her
and also disrespected the Army Officer by putting him
under custody without any charge for almost 14 hours.
The medical inspection of the lady also indicates grave
injuries, which point to manhandling by the police
personnel. The Bharatpur Police Station does not have a
CCTV installed which is violative of Hon’ble Supreme
Court’s directions. The police actions and their
purported statements are manipulative and aimed at
concealing the police brutality on the lady and the
officer.
3. Sir, the actions of the police personnel have deeply
shaken the faith of the victims and also the military
fraternity as a whole in the law enforcement system.
This is evident from the wide coverage of the incident,
not only on the main stream media but also the outrage
of netizens across all social media platforms. While the
officer was later released on intervention by the
military authorities on the night of 15 September, the
lady is still in judicial custody. Her medical
examination was done at Institute of Medical Science
and SUM Hospital, Bhubaneswar, which indicates
reasonable injuries, but a subsequent medical done at
Capital Hospital, Bhubaneswar was manipulated andPage 3 of 29
shows no such injuries. The manipulated medical
reports were produced before the Judicial Magistrate,
thus, forging evidence as well as misleading the
judiciary. Such blatant manipulation and tampering of
evidence is violative of her basic rights. I am enclosing
the medical documents and photographs of her injury
for perusal of your lordship. The arbitrary manner in
which the lady was put through medical examination as
also the hastily conducted hearing in front of the
Magistrate on 15th September are indicative of gross
travesty of justice and to an extent, manipulation of
evidence.
4. Sir, we are of the opinion that the law has been
violated on numerous counts. In the first instance a
serving Army Officer was placed under custody
without any offence and also without informing the
Army Authorities. Secondly, the couple who had
approached the police station for lodging a complaint,
were denied their rights and instead a FIR was framed
against the lady. In addition, the lady was sexually
abused and manhandled. She was also subjected to
physical torture. Subsequently, while in jail the lady
was denied medical assistance when she complained of
pain in her jaw and hip due to the manhandling she had
sustained. The jail doctor too diagnosed suspected
fracture of jaw but the jail authorities paid no heed to
his advice. It was on the intervention of the Hon’ble
Cuttack High Court that her medical examination and
medical treatment is being done at AIIMS,
Bhubaneswar. Denying basic medical assistance is
grossly inhuman and violation of Human Rights of any
individual. The lady was sexually abused by Mr.
Dinakrushna Mishra, the IIC of Bharatpur Police
Station and manhandled by the lady SI at the Police
Station.
5. On intervention by the Army Authorities, the case
has been handed over to the Crime Branch of the Orissa
Police and an independent enquiry constituted. The
lady, however, continues to remain in judicial custody.
Page 4 of 29
6. In the light of the above, I humbly request your
lordship to take Suo Motu cognizance of this incident
and ensure that ends of justice are served by ensuring
the following:-
(a) Grant of bail to the lady without any further delay.
(b) The enquiry conducted by the Crime Branch is
absolutely fair and impartial in both letter and spirit. A
FIR be lodged against the miscreants who indulged in
the scuffle with the couple on the night of 14-15
September.
(c) The errant police personnel are not only removed
from their positions but also adequately punished so
that the corrective message is sent to all concerned.
(d) The police authorities be instructed to implement
Hon’ble Supreme Court orders and install CCTV so
that the action of police authorities are transparent and
not violative of basic Human Rights of the citizens of
the country.
(e) The concerned medical authorities at Special Jail,
Jharpada be held accountable for not providing urgent
medical assistance to the lady even after the medical
advice by the doctor of the Jail.
7. I am sanguine that under your Lordship’s guidance,
the matter will be impartially investigated and prompt
appropriate action will be taken against those
responsible.
8. Thanking you, Sir, in anticipation for your kind
intervention.”
4. There is no clue whether any person, other than the police
personnel of the police station, the army officer and his fiancée, was
present when the said occurrence had taken place in the police station.
This observation, however, should not be construed as our finding on
this point, since the matter is under investigation by the Police and is
Page 5 of 29
being inquired into by a Commission of Inquiry. From the latter part of
the present order, it can be seen that admittedly there was no CCTV
camera installed in the police station. There was, thus, no clue as to
what must have happened within the premises of the police station
because of which the persons who had gone to lodge a criminal case
stood implicated in the Bharatpur P.S. Case No.640 of 2024, with
accusation of commission of offence of attempt to murder the police
personnel in the police station.
5. The occurrence reminded us of an incident of 25th September,
1989 in which a Chief Judicial Magistrate of Nadiad, who had gone to
the police station was arrested and taken to hospital for medical
examination on the charge of having consumed liquor in breach of
prohibition law in force in the State of Gujarat. The Chief Judicial
Magistrate was photographed in handcuffs with a rope tied around his
body, along with the constables which were published in the
newspapers all over the country. That had led to “tremors in the bench
and the Bar throughout the whole country” as observed by the Supreme
Court in the case of Delhi Judicial Service Association Vs. State of
Gujarat reported in (1991) 4 SCC 406 which led to issuance of slew of
guidelines by the Supreme Court in the matter of arrest of a judicial
officer. The Supreme Court, while issuing the guidelines remarked in no
uncertain terms that no person whatever his rank or designation may be,
is above law and he must face the penal consequences of infraction of
criminal law. A Magistrate, Judge or other Judicial Officer is liable to
criminal prosecution for an offence like any other citizen.
6. When the present matter was taken up by this Court on
23.09.2024, Mr. Pitambar Acharya, learned Advocate General
Page 6 of 29
representing the State of Odisha informed this Court about the swift
action taken by the Director General of Police, Odisha by transferring
the investigation of said Bharatpur P.S. Case No.640 of 2024 to the
Crime Branch and registration of a fresh Crime Branch P.S. Case No.10
of 2024. Another case i.e. Crime Branch P.S. Case No.11 of 2024 had
also been registered based on the complaint made by the said army
officer. In addition, one Chandaka P.S. Case No.615 of 2024 was also
registered in connection with the incident of road rage, to complaint
about which the army officer and his fiancé had gone to the police
station, Mr. Acharya informed, and he further stated that all the three
cases were being investigated by the Crime Branch of the State of
Odisha under the supervision of a Senior Police Officer of the rank of
Additional Director General of Police, Crime Branch. He had also
informed that in exercise of the powers conferred under Section 3 read
with sub-section (1) of Section 5 of the Commissions of Inquiry Act,
1952 the State Government has appointed a Commission of Inquiry
headed by Mr. Justice C.R. Dash, a retired Hon’ble Judge of this Court
to inquire into the incident and submit report on the following aspects:-
“(i) Examining the sequence of events and
circumstances alleged to have led to the incidents of
alleged misbehaviour/ assault on a woman, serving army
officer, police officers etc. leading to registration of
Bharatpur PS Case Nos.640/ 15.09.2024 (CID-CB Case
No.10/24), CID-CB Case No.11/24 and Chandaka PS
Case No.315, dated 19.09.2024 of UPD Bhubaneswar.
(ii) The Role, Conduct and Accountability of the
Individuals/ Groups/Authorities.
(iii) Any other matter connected with or incidental
thereto as the Commission may consider appropriate.
Page 7 of 29
(iv) To suggest measures to be taken to avoid the
recurrence of such events in future and ensuring safety
and Security of women.”
7. He had submitted that the State did not have any objection, if this
Court decided to monitor the investigations, in the interest of justice,
despite the aforesaid steps having already been taken by the State
administration at the level of police headquarters. In response to his
submission, we had observed in our dated 23.09.2024 as under:-
“7. We do appreciate the swift action taken at the level
of the Director General of Police (DGP) to investigate
the occurrence. It is needless to say that power and
duty of the Investigating Agency to investigate into a
cognizable offence is statutory and unless there are
exceptional circumstances, it is not desirable for the
Court to interfere. We expect that the Investigating
Agency shall act independently and fairly. There is no
reason why this Court should monitor the
investigation.
xxx xxx xxx
10. At this juncture, we make it clear that unless the
circumstances are exceptional and compelling, this
Court shall not comment upon the investigation which
is being conducted by the police, who have the
statutory power to conduct such investigation. The
State of Odisha has already constituted a Commission
under the Commission of Inquiry Act headed by a
retired Judge of this Court. In the present suo motu
proceeding in the nature of Public Interest Litigation,
the Court will generally confine itself to the issues
concerning facilities available in various police stations
and police outposts in the State of Odisha.”
8. In view of the admitted facts that the concerned police station did
not have the facility of CCTV camera, this Court in its order dated
Page 8 of 29
23.09.2024 had also made the following observations in paragraphs 8,
which reads thus:-
“8. What is disturbing to this Court, after having
seen the sequence of events, that admittedly two
persons had entered into the police station,
apparently with no intention to commit any crime,
rather to lodge a complaint. What happened inside
the police station is a matter which is under
investigation. It is, however, surprising that they
came out of the police station with an FIR registered
against them alleging commission of offence of
attempt to murder the police personnel. It is an
admitted fact that the concerned police station does
not have the facility of CCTV camera. This is
despite the Supreme Court’s directions issued in the
cases of D.K. Basu Vs. State of West Bengal
reported in (2015) 1 SCC 744, Paramvir Singh
Saini Vs. Baljit Singh and Others, reported in
(2020) 7 SCC 397 and (2021) 1 SCC 184.”
9. Mr. Acharya, learned Advocate General had informed the Court
that out of 650 police Stations in the State of Odisha, 559 police stations
were equipped with CCTV cameras. We were informed to our utter
surprise that some of the newly constructed Police Stations in the State
did not have the facility of CCTV cameras. In the said background, in
the public interest, and to ensure better transparency, we had issued the
following directions in our order dated 23.09.2024 in paragraphs 11 and
12 :-
“11. For the said purpose, for the present, we direct the
Addl. D.G. of Police (Modernisation), Odisha, Cuttack
Mr. Dayal Gangwar, I.P.S. to submit a report based on
the information available with the headquarters as
regards availability of CCTV facilities in all the police
stations and outposts in the State. He will be required
to submit a report by 8th October, 2024. If possible, Mr.
Gangwar shall be required to explain the scheme ofPage 9 of 29
positioning of the CCTV cameras in the police stations.
If required, we shall issue further directions to ensure
that the Supreme Court’s direction in the cases noted
above are fully complied with, depending upon the
nature of report which is submitted by Mr. Gangwar.
12. We further observe that Mr. Gangwar shall submit
his report to this Court as an officer of the Court and
shall assist the Court in the present matter in that
capacity, even if, he is shifted to any other post in the
State of Odisha. In his report, he must also mention as
to whether the existing CCTV facilities in various
police stations are in fact functional or not. Storage
capacity of the hard disk kept in the police station
should also be disclosed in the said report.”
10. Appreciating the concern about the personnel of the armed forces
as reflected from the communication made by Mr. Sekhawat, which led
to registration of the present suo motu PIL, we had desired to know as
to what steps did the State Government intended to take to protect the
dignity of the personnel of the armed forces in such circumstances.
11. Further, Mr. Gangwar, the Addl. Director General of Police
(Modernization) was requested by the said order dated 23.09.2024 to
suggest a fool-proof method for ensuring installation and proper
maintenance of CCTV facilities in the police station.
12. Pursuant to the said order of this Court dated 23.09.2024, Mr.
Dayal Gangwar filed a report before this Court on 08.10.2024 based on
the inputs which he had received about the status of functional CCTV
cameras in various police stations in the State, in the light of this
Court’s direction, he mentioned in his report that out of 593 police
stations in the State of Odisha, in 456 police stations CCTV cameras
were not functional. He further informed that with his intervention and
Page 10 of 29
the efforts made by the top officials of the police and the State
Government, CCTV cameras in all the police Stations of the State,
except 13 had become functional and rest of the 13 police stations
would also be equipped with CCTV cameras within 15 days. On the
point of supervision, maintenance and upkeep of the CCTVs and their
equipment, he suggested in his affidavit as under:-
“12. That, it will be pertinent to mention here that,
the integrated system involves three tier supervision,
maintenance and upkeep of CCTVs and its
equipments. The first at the level of the Police
Station, wherein it’s the duty of the IIC/OIC to
ensure working, maintenance and recording of
CCTVs and allied equipment and monitor the
footage of all the cameras under the Police Station.
The second level is at the level of District Level
Oversight Committee which has to continuously
monitor the maintenance and upkeep of CCTV
equipments, review footages of all the PSs under
their jurisdiction and final at the State Level
Oversight Committee to address concerns raised by
DLOC. This mechanism required requisite internet
bandwidth for connecting all Police Stations with the
S.P. offices and all Police Stations with the State
Police HQ. The system needed installation of Video
Management Software (VMS) at the district level
under the control of S.P. and Central Monitoring
System (CMS) at the state level for seamless
monitoring of the CCTV surveillance system.”
13. It was further stated in paragraphs 13, 14 and 15 of the affidavit
as under:
“13. That, this deponent has carefully gone through the
contents of the present case and directions given by the
Hon’ble High Court. In response to the directions
given to this deponent and being aware of the
seriousness and importance of the above directions,
this deponent chalked out a visit programme on a dailyPage 11 of 29
basis and visited several Police Stations in different
districts to personally satisfy himself about the CCTV
facilities in vogue. This deponent also constituted 20
teams led by officers of the rank of DC/AC of different
battalions to visit different police stations of all the
districts of Odisha to physically check the status of the
functioning of the CCTV facilities. After carefully
studying the reports and on the basis of the personal
visits to different police stations, this deponent hereby
humbly submits the report as narrated in the following
paragraphs.
i. CCTV facilities has been installed in 593 police
stations and installation in 52 newly created police
stations has been undertaken from 24th September
2024. CCTV facilities is not installed in any of the 295
outposts as of now. Proposal has been submitted to
State Government to install CCTV facilities in the
outposts after clear instructions of the High Court.
ii. A quick assessment was undertaken to obtain the
status of all the 593 PS where CCTV were installed.
iii. It’s to submit that out of 11,729 CCTV cameras
installed in 593 police stations, 2266 of cameras were
non-functional in 456 Police Station due to various
causes as on 24th September 2024. The Police station
wise breakup was collected from the districts and
directions were issued to OCAC and the system
integrator for taking steps to make them functional.
The System Integrator has the provision to implement
and maintain the monitoring/ticketing tool and capture
all the incidents/complaints on CCTV equipment and
resolve them. It was being done telephonically due to
non-implementation of the VMS/CMS systems which
has been made functional now.
iv. 57 Police stations needed shifting of some of the
CCTV surveillance systems due to relocation of Police
Stations from old building to new building or need forPage 12 of 29
change of NVRs to different room for want of technical
requirements.
v. The Video Management Software (VMS) and Central
Monitoring System (CMS) systems were not functional
due to want of requisite internet connectivity and
bandwidth.
vi. For CCTV installation in 52 numbers of new Police
Station buildings, OCAC has been requested to take
necessary steps for CCTV facilities at the earliest.
vii. A meeting was conducted with the Principal
Secretary, E&IT Department for preparation of the
road map for installation/ restoration of the CCTV
facilities in the Police Stations.
viii. A meeting was convened with Director SCRB to
decide on the IP schema and the modalities of
completion of the Video Management Software (VMS)
and Central Monitoring System (CMS), using existing
CCTNS network.
ix. CEO, OCAC has been requested to submit a
detailed proposal to this Hdqrs. for budgetary
provision for repair and restoration, reinstallation &
maintenance of CCTV Surveillance System in Police
Stations throughout Odisha along with new installation
in 52 new Police Stations for onward transmission to
Govt. vide SP Hdqrs. Letter No.40736/Building
dtd.25.09.2024.
x. Revenue Divisional Commissioners of all Ranges
have been requested for making District Level
Oversight Committee (DLOC) functional for necessary
oversight mechanism for supervising the installation/
relocation/ restoration of CCTVs facilities.
xi. All Range IGs/ DIGs have been instructed to act as
supervisory officers of their respective ranges forPage 13 of 29
vetting of the status report being sent by SsP of their
Ranges.
xii. State Government has been requested for necessary
approval for installation of CCTV facilities in 52 new
Police Stations and 295 nos. of Out Posts.
xiii. All Commandants of Battalions have been
instructed to depute one Deputy Commandant/ Asst.
Commandant for physical checking of CCTV facilities
functioning in Police Stations.
xiv. CEO, OCAC has been requested to organise a
Refresher Training for the officers/ personnel of all
Police Stations / Outposts across the State in
management of CCTV facilities. xv. The Principal
Secretary, Skill Development & Technical Education,
Govt. of Odisha, Bhubaneswar has been requested to
prepare a standard training module on management of
the CCTV surveillance system to be imparted to all the
police personnel of the state in a phased manner.
14. That, in view of the immediate steps taken as
described in point no.13 as above, regular follow-up
was done at this deponent’s end, each day, and as such,
the status report as on the date of submission of this
affidavit is as under:
i. The restoration work of non-functional CCTV
cameras has been completed in 1166 out of 2266
bringing down the percentage of non-functional
cameras from 25% to less than 10% and the rest
restoration work is underway which will be completed
by 15th November 2024.
ii. The 57 Police Stations where the relocation was to
be done has been completed and are functional.
iii. The installation work of 52 new PS has already
started and completed in 49 Police Stations and rest
installation would be completed soon.
Page 14 of 29
iv. VMS and CMS has been integrated in 06 districts,
namely Urban Police District Cuttack, Urban Police
District Bhubaneswar, Berhampur, Rourkela, Puri and
Nuapada. The system will be integrated with all
districts by the end of 15.11.2024.
v. OCAC has initiated steps for installation of the
CCTV facilities in all Outposts of the state and the
System Integrator of OCAC would complete by the end
of 31.03.2025.
15. That, as regards to the scheme of positioning of
CCTV cameras is concerned, clear instructions as per
guidelines of Hon’ble Supreme court of India have
been circulated and well explained that no part of the
Police station should be left uncovered. The following
points have been covered as per the guidelines in the
593 police stations and would be done in the 52 newly
created police stations as well. The same guidelines
would be implemented for installation of CCTV
systems in the outposts.
i. Entry and exit points
ii. Main gate of the Police Stations
iii. All Corridors
iv. Lobby
v. Reception area
vi. All verandas/outhouses
vii. Inspector/Sub-Inspector(in-charges) rooms
viii. Sub-Inspectors room
ix. Areas Outside the lock up room
x. Police Station hall
xi. Front side of Police Station Compound
xii. Outside wash rooms and toilets
xiii. Duty officer room
Page 15 of 29
xiv. Back part of the Police Station
xv. Any other area/room available in Police station
campus.
That, Mahila & Sishu Desk and the front view of the
Hazats was also covered for all round surveillance of a
Police Station as mentioned above.”
14. Dealing with the storage capacity of the Hard Disks of Network,
Video recorders kept with the police stations for historical investigation
and evidentiary purposes, following statement was made in the said
affidavit in paragraphs 16 and 17 which read thus:
“16. That, as regards to the storage capacity of the hard
disks of the Network Video Recorders kept in the
Police Stations for historical, investigation and
evidentiary purposes, it may be mentioned that there
are 14 Hard Drive Disks(HDD),each having a capacity
of 10 TB in each NVR in each police station of the
state. To further explain the final usable storage after
formatting of the HDDs it’s to mention that RAID 5
storage configuration has been used in the NVRs for
enhancing data reliability and performance. The total
raw capacity of the 14 HDDs in each NVR is 140 TB
and after deducting RAID 5 usable capacity (10 TB)
and approximately 10% loss for formatting, the final
usable storage capacity of the 14 HDDs is around 117
TB in each NVR in each police station, which is
sufficient to store video footages for a period of 1 (one)
year.
17. That, further it was decided that instead of having a
separate network, the network available for CCTNS
project will be leveraged with this project to ensure
data security and prevent the leakage of any content of
the CCTV data. The installation of VMS and CMS are
underway in view of allocation of requisite bandwidth
at respective PS and SP office recently. The System
Integrator in the meantime attended to the complaintsPage 16 of 29
as per his capability though not as per the standard as
required under the service level agreement.”
15. In his affidavit, further statements have been made in paragraphs
18 and 19 in relation to comprehensive maintenance, regular
maintenance and service for Court activities:
“18. That, a comprehensive maintenance plan has been
prepared for ensuring the sustainability of the project.
a. The current system will be operative till 31-03- 2027
which is 5 years from the installation.
b. As per the standard industry practice the CCTV
project carries a life span of 5 years with additional
maximum 2 years depending on the condition of the
system after 5 years. After which the system will attend
its salvage value and have to be scrapped and new
system with updated technology have to be adopted.
19. That, the regular maintenance and service support
activities will be as below: –
i. Scheduled Maintenance:
Routine Check-ups: Establishing a monthly
maintenance schedule to inspect camera functionality,
wiring, and recording equipment at each Police
Station.
Preventive Maintenance: Addressing minor issues
before they escalate, such as cleaning lenses and
checking cable connections.
ii. Monitoring and Alerts:
Real-Time Monitoring: The activation of the Central
Management System (CMS) and Video Management
System (VMS) would allow real-time viewing and
monitoring of CCTV feeds to quickly identify issues, in
police station and address the issues promptly.
Page 17 of 29
Automated Alerts: Through CMS all the alerts for
malfunctions issues would be monitored enabling rapid
response and solutions.
iii. Documentation and Record Keeping: –
Maintenance Logs: Detailed records of all
maintenance activities, repairs, and inspections
carried out at police station would be kept to track
system performance and issues.
Incident Reports: Documentation of incidents
involving CCTV footage for accountability and follow-
up.
iv. Training and Awareness:
Staff Training: Regularly training provision to staff
in each Police Station on operation of the CCTV
system, identifying issues, and reporting malfunctions.
User Manuals: Providing easy access to manuals
and troubleshooting guides for quick reference.
v. Data Management:
Storage Solutions: Ensuring sufficient storage
capacity of 117 TB usable space at each police station
and regular backups.
Compliance Protocols: Use strong passwords
authentication for system access.
Data Security: Conduct regular training sessions for
staff on the importance of data security and privacy
regarding CCTV footage.
vi. System Upgrades:
Regular Software Updates: Ensuring that the CCTV
software and firmware are up-to-date at each police
station to improve security and functionality.
Page 18 of 29
Hardware Reviews: Periodically assessing the need
for hardware upgrades or replacements based on
performance and technology advancements in coming
days.
vii. Cooling and Humidity Control Management:
Air Conditioning (AC): Providing adequate air
conditioning (AC) for Network Video Recorders
(NVRs) for safeguarding Hard Drives (HDDs) and
ensuring optimal performance.
Proper Placement: Positioning of NVRs in well-
ventilated areas, avoiding enclosed spaces without
airflow.
Rack Cooling: Using server racks with built-in
cooling solutions or fans to promote airflow around
the NVRs.
Humidity Levels: Keeping humidity under control to
prevent moisture build-up that can harm electronic
components.
viii. Power Supply System:
Ensuring the availability of uninterrupted power
supply like Solar Power and effective UPS Systems to
the equipment with provisioning of lighting arrester to
safeguard the installed CCTV equipment in all Police
Station and outposts.
ix. CCTV Camera Layout Diagram:
Clear Labels: Using clear labels for each camera
location in the Police Station and outposts.
Directional Arrows: Including directional arrows to
indicate camera coverage areas.
Critical Zones: Highlighting critical zones that
require extra monitoring.
Coverage: Ensuring overlapping fields of view to
eliminate blind spots.
x. Role-based Access Control:
a. Administrator
Full access to all CCTV footage and settings.
Can manage user roles and permissions.
Page 19 of 29
b. Officers
Limited access to footage from their assigned areas.
Can view footage.
xi. Manpower Support:
At present the CCTV system is being monitored by
CCTV operators at Central monitoring system control
room. Footages from cameras are recorded 24×7 in
real time basis and retained for the period of one year
in all NVRs (Network Video Recorder) at each Police
Stations and Outposts.
Adequate number of dedicated CCTV operators to be
deployed at CMS Command and Control Room for
monitoring of realtime camera feeds, ensuring prompt
response to any incidents occurring at Police Stations
and Outposts.
Adequate district engineers have been deployed
covering each district for the smooth operation &
support of CCTV systems installed at each Police
Stations and Outposts.”
16. On 08.10.2024, during the course of hearing, we were informed
that pursuant to the Court’s observations made in the order dated
23.09.2024 that the State Government was in the process of preparation
of standard operating procedure (SOP) so that certain issues concerning
members of armed forces were duly addressed. The matter was
adjourned to 12.11.2024. When the matter was taken up on 12.11.2024,
Mr. Acharya, learned Advocate General produced before us the SOP on
arrest and interaction with the members of the armed forces in the
police stations, informed this Court that the said SOP has been approved
by the Chief Minister of the State. The said SOP is being reproduced
hereinbelow:-
Page 20 of 29
” SOP ON ARREST OF AND INTERACTION WITH
MEMBERS OF ARMED FORCES IN POLICE
STATIONSInstances have come to notice that Police Officers
deployed in Police Stations are not sound enough on
situation management and interaction with members of
Armed Forces visiting in the Police Station. They are also
not well versed to deal with the issues while registering
complaints against the members of Armed Forces and the
consequential procedures. Sometimes they fail to carry
out the dictums of law while detaining and arresting
defence personnel for the alleged involvement in a
criminal act. Hon’ble Orissa High Court in seisin over
SUO MOTU Writ Petition(C) No. 23735 of 2024
(Registrar Judicial, Orissa High Court vs.
Government of Odisha and Others) vide order dtd.
23.09.2024 have directed in paragraph-13 of the order to
know about the steps intended to be taken by the State
Government to protect the dignity of the personnel of the
Armed Forces in the Police Stations/ out posts premises.
In order to enlighten and illuminate the Police Officers in
the matters of arrest of defence personnel in deserving
cases and to equip them with the skill of proper
interaction with the defence personnel in Police Station/
out posts premises, it is felt expedient to issue this SOP.
A. Interaction with the Defence Personnel visiting
Police Station(1) Whenever any defence personnel either on duty or
not, approaches any Police Officer inside the Police
Station to lodge a complaint, the Police officer shall
exhibit due courtesy to him so as to respect dignity of the
Officer or defence personnel.
(2) Problems and grievances of the defence personnel
shall be promptly attended to by the Police Officer and all
required legal and logistic supports shall be extended to
him as early as possible.
Page 21 of 29
(3) If any defence personnel tender a written complaint,
same shall be promptly attended to in accordance with the
Law. Pro-active steps shall be taken by the Police Officer
to mitigate his grievance.
(4) All necessary helps shall be provided in the filing of
complaint.
(5) If the defence personnel make any oral information
revealing commission of cognizable offence, without
insisting for written report, the Police Officer shall
forthwith reduce the information to writing and obtain
signature of the complainant to initiate legal action into
motion.
B. Arrest of Defence Personnel
Powers of Police Officer to arrest a person under BNSS
2023 finds an exception u/s 42 of BNSS 2023 wherein it
has been provided that no member of the Armed Forces
of the Union shall be arrested for anything done or
purported to be done by him in the discharge of his
official duties, except after obtaining the consent of the
Central Government Of course, u/s 42(2) BNSS the State
Government has the authority to issue notification
specifying class or category of the members of the Force
in whose favour the protection will be applicable.
Section 70 of The Army Act, 1950 categorically provides
that a person subject to this Act who commits an offence
of murder, culpable homicide not amounting to murder,
or rape against a person not subject to Military, Naval or
Airforce law shall not be tried by a Court-Martial, even if
he is in active service or he commits the offence outside
India or at a frontier post. Section 72 of The Air force
Act, 1950 and Section 78 of The Navy Act, 1957 enjoin
provisions exactly similar to section 70 of The Army Act.
For ready reference, section 70 of the Army Act, 1950 is
quoted hereunder:
Page 22 of 29
―70. Civil offence not triable by court-martial.–A
person subject to this Act who commits an offence of
murder against a person not subject to military, naval or
air force law, or of culpable homicide not amounting to
murder against such a person or of rape in relation to
such a person, shall not be deemed to be guilty of an
offence against this Act and shall not be tried by a
court-martial, unless he commits any of the said
offences– (a) while on active service, or (b) at any
place outside India, or (c) at a frontier post specified by
the Central Government by notification in this behalf.‖On conjoint reading of Section 4 BNSS, 2023, Section 4
and 70 of The Army Act, 1950, it is made clear that
offence of murder, culpable homicide not amounting to
murder and rape committed by a member of the Forces
attracts jurisdiction and procedure of the common law i.e.
BNSS, 2023.
While dealing with investigation of cases and treatment
of offenders belonging to the Armed Forces, Ministry of
Home Affairs, Govt of India has issued a set of guidelines
vide their letter No. VI250/13/6/83.
In the light of the above legal provisions and guidelines
of MHA, Government of India the following instructions
are hereby issued to the Police Officers which need to be
scrupulously followed when dealing with any member of
the Forces committing or purports to commit any offence
or subjected to the process of investigation for having any
complicity in a criminal case.
(1) A Police Officer cannot arrest any personnel of Army,
Airforce and Navy while on duty without permission of
the Central Government.
(2) The permission of arrest will be given by the nearest
Station Commander in the rank of Major General or
above. If permission is denied, the officer detained by the
Police needs to be handed over to Military Police and
they will further look into the matter.
Page 23 of 29
(3) The Police can arrest serving officers of the forces
without permission if they are involved in heinous crimes
like rape, murder and kidnapping etc. which are unrelated
to their duty. If the offence is other than the above crimes,
the Police is not authorised to make arrest of any defence
personnel without prior permission of the authority.
(4) In case, the Police officer arrests defence personnel in
crimes unrelated to performance of their duty, it is
mandatory for the Police to inform the nearest Military
Station Headquarters with the details of offences, date of
arrest and the place of detention and custody.
(5) The complaints against Military personnel may be
looked into promptly and the Military commanders may
be informed of the action taken or proposed to be taken
on the complaints.
(6) The defence personnel under arrest should not be
manhandled or assaulted or beaten up. He should not also
be handcuffed.
(7) The provisions contemplated under section 521 of
BNSS, 2023 (475 Cr.P.C) and the Rule 3.3 of Criminal
Courts and Court Martial (adjustment of jurisdiction)
Rules, 1978 should be brought to the notice of criminal
courts while dealing with an accused belonging to
defence forces.
Section 521 of BNSS, 2023 and Rule 3.3 of Criminal
Courts and Court martial (adjustment of jurisdiction)
Rules, 1978 are quoted hereunder for ready reference.
Section 521 of BNSS- Delivery to commanding officers
of persons liable to be tried by Court-martial.
(1) The Central Government may make rules consistent
with this BNSS and the Army Act, 1950, the Navy Act,
1957, and the Air Force Act, 1950, and any other law,
relating to the Armed Forces of the Union, for the timePage 24 of 29
being in force, as to cases in which persons subject to
military, naval or air-force law, or such other law, shall
be tried by a Court to which this BNSS applies, or by a
Court-martial; and when any person is brought before a
Magistrate and charged with an offence for which he is
liable to be tried either by a Court to which this BNSS
applies or by a Court-martial, such Magistrate shall
have regard to such rules, and shall in proper cases
deliver him, together with a statement of the offence of
which he is accused, to the commanding officer of the
unit to which he belongs, or to the commanding officer
of the nearest military, naval or air-force station, as the
case may be, for the purpose of being tried by a Court-
martial.
Rule 3.3 of Criminal Courts and Court Martial
(adjustment of jurisdiction) Rules, 1978-
Where a person subject to military, naval or air force
law, or any other law relating to the Armed Forces of
the Union for the time being in force is brought before a
Magistrate and charged with an offence for which he is
also liable to be tried by a Courtmartial, such Magistrate
shall not proceed to try such person or to commit the
case to the Court of Session, unless- (a) he is moved
thereto by a competent military, naval or air force
authority; or (b) he is of opinion, for reasons to be
recorded.
Any deviation of the above instructions shall be viewed
seriously.”
17. In addition to the above, a status report by way of additional
affidavit was also filed by Mr. Gangwar, paragraph 5 of which read
thus:
“5. xxx
“1. That in compliance of the order of this Hon’ble Court
dated 23.09.2024 and 08.10.2024, this deponent have
been able to achieve as follows:
Page 25 of 29
a. This deponent have been able to complete restoration
work with respect to 96% of the CCTV cameras installed
in Police Stations in the State of Odisha and all are live.
The remaining 4% of CCTV Cameras would be restored
by the end of November 2024 which were damaged due
to “CYCLONE DANA”.
b. This deponent have been able to complete the
relocation work of CCTV cameras in the 57 Police
Stations and installation of cameras in 52 new Police
Stations by employing the current system integrator in
full and they are functioning properly.
c. This deponent have also been able to integrate 85%
Police Stations out of 645 Police Stations in the Central
Monitoring System (CMS) of the State Police
Headquarters, Cuttack. The process of integration was
started after the Bharatpur incident.
d. This deponent have already accomplished the task of
connecting 36 districts in the state of Odisha to the
Central Monitoring System (CMS) through Video
management system (VMS) and the rest 2 districts would
be connected well within the stipulated time of
15.11.2024.
2. That it is to state the process with respect to installation
of CCTV cameras for 295 Police Outposts has been taken
up by OCAC as on 11.11.2024.
3. That it is further pertinent to bring to the knowledge of
this Hon’ble Court that this deponent had issued a letter
to OCAC bearing No. VIIIC-27-2024-46896/Building Dt.
22.10.2024 wherein this deponent had communicated to
OCAC that the work for installation of CCTV Cameras in
Police Outposts must be undertaken in an expedient
manner.
4. That regular correspondences and meetings have been
done with OCAC authority explaining the gravity of the
situation, as well as communicating the directions of
Page 26 of 29
Hon’ble High Court with the clear time-frame of
31.03.2025 for completion of the installation work. Due
approval of Government was also communicated to
OCAC to go ahead with the work immediately. That the
same has been communicated to OCAC vide Letter Dt.
02.11.2024 bearing No. VIIIC-27-2024/48382/Building.
5. That subsequently a letter was issued by OCAC
Dt.08.11.2024 bearing Reference No. OCAC-SEGP-
INFRA-0021-2021 wherein OCAC has stated their intent
to float a fresh tender for the allocation of the work of
installation of CCTV Cameras at 295 Police Outposts
throughout the State.”
18. As can be seen from the facts noted above, the dark side of the
incident is truly shocking which reveals a situation where the two
individuals who had gone to the police station to register a case stood
implicated in a criminal case of attempt to murder the police personnel
of the police station. Further, there is manifest administrative failure on
the part of the State in not installing CCTV facilities in the police
station, more so, in the capital of the State, which could have easily
revealed the truth. We cannot, however, ignore that realizing the lapse
the State and its officials in the present case, in our opinion, have acted
promptly and with this Court’s intervention satisfactory target has been
achieved, not only in installation of the CCTV cameras in the police
stations, their relocation, maintenance and integration in the Central
Monitoring System (CMS) of the State Police Headquarters, Cuttack.
As it emerges from the last affidavit filed by Mr. Gangwar, 36 districts
in the State of Odisha, the task of connecting 36 districts in the State of
Odisha to the CMS through Video Management System (VMS) has
already been accomplished and the rest of the two districts, the Court
expects, must have been connected by now.
Page 27 of 29
19. We have been informed that not only in the police stations, the
work of installation of CCTV cameras in 95 police outposts has been
taken up by Odisha Computer Application Center (OCAC) as on
11.11.2024. The OCAC has been asked by the State Government to
complete the work of installation of CCTV cameras in the police
outposts by 31.03.2025.
20. In view of the facts which have emerged, as have been noted in
the present order, we close the present suo motu PIL with the following
observations and directions:-
(i) All the police stations and the police out-posts in the State
of Odisha must be fully equipped with aptly placed and
duly located CCTV cameras by 31.03.2025. Their
integration with the Central Monitoring System (CMS)
through Video Management System (VMS) must also be
completed by the said date.
(ii) The State Officials/police personnel shall be under the
obligation to strictly follow the SOP formulated by the
State Government ON ARREST OF AND INTERACTION
WITH MEMBERS OF ARMED FORCES IN POLICE STATIONS
as has been noted hereinabove. The said SOP should be
duly publicized and effective steps should be taken to
ensure that the police personnel are made aware of the
provisions of the SOP. The said SOP should be circulated
in odia language to all the police stations and the police
outposts of the State.
Page 28 of 29
(iii) The State Government and the Police Headquarters must
ensure that the assurance given to this Court in the
affidavits filed by Mr. Gangwar is not breached.
(iv) We reiterate that no observation made in the present order
should prejudice the police investigation being conducted
by the Crime Branch or the inquiry being held under the
provisions of Commission of Inquiry Act.
21. Before we part with the present order, we place on record
our appreciation for the assistance extended by Mr. Gautam Mishra,
learned Senior Counsel appearing as Amicus Curiae at the Court’s
request. Befitting his status as the first law officer of the State,
learned Advocate General, Mr. Acharya has assisted this Court with
all fairness. Mr. Gangwar discharged his function as an officer of
this Court and has acted proactively in obtaining inputs and carrying
out the work of installation of CCTV Cameras in the police stations
and the police outposts as well as the integration in CMS. We do
record our appreciation for his assistance extended to this Court.
22. The writ petition is disposed of accordingly.
(Chakradhari Sharan Singh)
Chief Justice
(Savitri Ratho)
Judge
SK Jena/Secy.
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: SECRETARY
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 24-Dec-2024 12:12:19
Page 29 of 29
[ad_1]
Source link