SC directs Centre to install CCTV cameras in offices of CBI, ED, NIA, other probe agencies

Agencies
December 3, 2020

New Delhi, Dec 3: The Supreme Court directed the Centre on Wednesday to install CCTV cameras and recording equipment at the offices of investigating agencies, including the CBI, the ED and National Investigation Agency (NIA), which conduct interrogations and have the power of arrest.

A bench headed by Justice R F Nariman said that states and Union Territories (UTs) should ensure that CCTV cameras are installed at each and every police station, at all entry and exit points, main gate, lock-ups, corridors, lobby and reception as also areas outside the lock-up rooms so that no part is left uncovered.

The apex court had in 2018 ordered installation of CCTV cameras in police stations to check human rights abuses.

It said further that the CCTV systems must be equipped with night vision and have audio as well as video footage and it shall be mandatory for the Centre, states and UTs to purchase such systems which allow storage of data for maximum period possible, at least one year.

In addition, the Union of India is also directed to install CCTV cameras and recording equipment in the offices of: Central Bureau of Investigation, National Investigation Agency, Enforcement Directorate, Narcotics Control Bureau, Department of Revenue Intelligence, Serious Fraud Investigation Office (SFIO), any other agency which carries out interrogations and has the power of arrest, said the bench, also comprising Justices K M Joseph and Aniruddha Bose.

As most of these agencies carry out interrogation in their office(s), CCTVs shall be compulsorily installed in all offices where such interrogation and holding of accused takes place in the same manner as it would in a police station, the bench said in its order.

The top court said that in September this year, it had impleaded all the states and UTs in the matter to find out the exact position of CCTV cameras in each police station as well as constitution of Oversight Committees in accordance with the April 3, 2018 order.

The apex court, while dealing with a matter related to custodial torture, had in July this year taken note of a 2017 case in which it had ordered installation of CCTV cameras in all the police stations to check human rights abuses, videography of crime scene and setting up of a Central Oversight Committee and such a panel in every states and Union Territory.

In its 12-page order, the bench noted that till November 24, compliance affidavits and action taken reports were filed by 14 states and majority of them have failed to disclose the exact position of CCTV cameras in each police station and other details.

It said that state level oversight committee (SLOC) must consist of secretary or additional secretary of home department, secretary or additional secretary of finance department; director general or inspector general of police and chairperson or member of the state women's commission.

It said district level oversight committee (DLOC) should comprise of -- divisional commissioner or regional commissioner or revenue commissioner division of district, district magistrate and superintendent of police and mayor of a municipality within the district or head of zilla panchayat' in rural areas.

It also specified the duties of SLOC which included purchase, distribution and installation of CCTVs and equipment, obtain budgetary allocation for the same.

It said DLOC shall have the obligations including interact with station house officer (SHO) about its functioning and to review footage stored from CCTVs in various police stations to check for any human rights violation that may have occurred but are not reported .

It said adequate funds be allocated for this by the states and UTs at the earliest.

It said duty and responsibility for working, maintenance and recording of CCTVs shall be of the SHO of police station concerned.

It said in areas where there is either no electricity or internet, it shall be the duty of states and UTs to provide the same expeditiously using any mode of providing power, including solar or wind.

Whenever there is information of force being used at police stations resulting in serious injury and/or custodial deaths, it is necessary that persons be free to complain for a redressal of the same, it said.

It said SLOC and central oversight body shall give directions to all police stations and agencies to prominently display at the entrance and inside police stations, offices of investigative agencies about the coverage of concerned premises by CCTV and this shall be done by large posters in English, Hindi and vernacular language.

It shall further mention that CCTV footage is preserved for a certain minimum time period, which shall not be less than six months, and the victim has a right to have the same secured in the event of violation of his human rights, it said.

It said authorities would implement its order both in letter and in spirit as soon as possible.

The bench, which posted the matter for hearing on January 27, said that affidavits be filed within six weeks by principal secretary or cabinet secretary or home secretary of each states and UTs giving a firm action plan with exact timeline for compliance with the order.

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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News Network
November 25,2024

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Bengaluru: Karnataka Chief Minister Siddaramaiah has instructed the Hindu Religious Endowment Department to submit a proposal for constructing a gold chariot for the presiding deity of the state, Chamundeshwari, official sources said on Monday.

The directive follows a request from Member of Legislative Council (MLC) Dinesh Gooligowda, who highlighted the historical and cultural significance of the Chamundeshwari Temple on Chamundi Hill in Mysuru, which dates back to the 12th century AD.

Gooligowda noted that the existing wooden chariot, donated by devotees from Coimbatore, Tamil Nadu, has deteriorated over time.

“Devotees have expressed their desire to organise a ‘rathotsava’ using a gold chariot for Goddess Chamundeshwari. This proposal has been under consideration for some time, with an estimated cost of Rs 100 crore,” the MLC said.

He emphasised that the government’s financial involvement would not be required, as devotees are willing to contribute towards making the chariot a reality.

Gooligowda proposed a deadline for the 2025 Dasara festival for the completion of the chariot, ensuring it is ready for the grand procession featuring the idol of Chamundeshwari.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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