Court Seeks Compliance with Supreme Court Mandates on CCTV Installation, Directs Independent Inquiry into Petitioner's Arrest
In a significant development, the Delhi High Court has addressed a writ petition filed by Ajay, who alleged violation of his fundamental rights under Articles 21 and 22 of the Constitution due to non-functional CCTV cameras at police establishments. The bench comprising Justices Navin Chawla and Shail Jain issued notices to the respondents including the State NCT of Delhi, demanding strict adherence to the Supreme Court's directions on the installation and maintenance of functional CCTV cameras in police stations.
The petitioner, represented by Advocates Karan Verma, Nayan Maggo, and Yuvraj Singh, sought a declaration that his arrest and custodial interrogation were vitiated due to non-compliance with the mandates from the Supreme Court judgment in "Paramvir Singh Saini v. Baljit Singh." The petition highlighted that the absence of operational CCTVs and failure to report the arrest to the District Level Oversight Committee constituted a violation of mandatory safeguards.
The court ordered the respondents to produce records demonstrating compliance with the Supreme Court's reporting requirements during periods when CCTVs were non-functional. Additionally, the court called for an independent inquiry into the circumstances of the petitioner's arrest if such records are unavailable. The court also emphasized the need for time-bound compliance with the Supreme Court's directives regarding CCTV systems to ensure transparency and accountability in custodial practices.
The respondents, represented by Standing Counsel Sanjay Lao and others, have been directed to file a reply within three weeks, with the petitioner allowed two weeks to file a rejoinder. The matter is scheduled for a subsequent hearing on April 30, 2026.
This case underscores the judiciary's commitment to upholding fundamental rights and ensuring that law enforcement agencies adhere to established protocols for transparency and accountability.
Bottom Line:
Directions sought under Article 226 of the Constitution of India and Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, regarding violation of fundamental rights due to non-compliance with Supreme Court mandates on functional CCTVs in police establishments.
Statutory provision(s): Article 226 of the Constitution of India, Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023
Ajay v. State NCT of Delhi, (Delhi)(DB) : Law Finder Doc id # 2865184
