Orissa High Court: In a suo motu public interest litigation, wherein an army officer and his fiancée were arrested for allegedly attempting to murder a police official when they visited the police station to register a First Information Report (FIR), the Division Bench of Chakradhari Sharan Singh, Chief Justice and Savitri Ratho, J. noted that a Commission of Inquiry headed by Justice (Retd.) C.R. Dash, Orissa High Court was appointed to inquire the matter.
Regarding the lacking of CCTV cameras in the police stations across the State, the Court directed the authorities concerned to equip all the police stations and the police out-posts in the State with aptly placed and duly located CCTV cameras by 31-03-2025.
Background
An army officer along with his fiancée had gone to the Police Station on 15-09-2024 late in the night to lodge an FIR against the miscreants, who had allegedly misbehaved with them. However, something went seriously wrong and the Bharatpur Police lodged an FIR against the said army officer and his fiancée registered for allegedly attempting to murder the police personnel in the police station. The officer’s fiancée was arrested. In exercise of the powers conferred under Section 3 and Section 5(1) of the Commissions of Inquiry Act, 1952, the State Government appointed a Commission of Inquiry headed by Justice (Retd.) C.R. Dash, Orissa High Court. Previously, vide order dated 23-09-2024, the Court directed the Addl. Director General of Police to suggest a fool-proof method for ensuring installation and proper maintenance of CCTV facilities in the police station. Out of 593 police stations in the State, in 456 police stations the CCTV cameras were not functional. Pursuant to Court’s order, the State Government prepared Standard Operating Procedure (SOP) on arrest and interaction with the members of the armed forces in the police stations. The same came to be approved by the Chief Minister of the State.
Analysis and Decision
The Court 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.
The Court said that the dark side of the incident was truly shocking which revealed that 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. The Court noted that there were no proper CCTV cameras installed in the police station, which led the matter to the stand that there was no clue as to what happened inside the police station; 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. The Court added that there was a 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.
The Court noted that the State has acted promptly and with this Court’s intervention satisfactory target of 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, was achieved. Further, the Court noted that 36 districts in the State of Odisha has been integrated to the CMS through Video Management System (VMS).
Conclusively, the Court directed:
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All the police stations and the police out-posts in the State 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.
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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’. The said SOP should be duly publicised 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.
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The State Government and the Police Headquarters must ensure that the assurance given to this Court in the affidavits is not breached.
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Nothing 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.
[Registrar Judicial, Orissa High Court v. State of Odisha, SUO MOTU W.P.(C) No. 23735 of 2024, decided on: 23-12-2024]
Advocates who appeared in this case:
For the Petitioner: Gautam Mishra, Senior Advocate (Amicus Curiae); A. Dash, Advocate
For Respondents: Pitambar Acharya, Advocate General; Saswat Das, Addl. Govt. Advocate
