'Why CCTV in police station does not have audio footage': Delhi High Court directs Delhi Govt, SHO to file explanation
Taking note of the absence of audio footage feature in the CCTV camera in Nabi Karim Police Station of Delhi, the Delhi High Court on Friday asked the State Government and the police to explain as to why the same has not been installed yet.
A single-judge bench of Justice Anu Malhotra directed both the parties to place the explanation on record for the next date of hearing along with a compliance report of the installation of the audio footage in CCTVs in terms of the directions of the Supreme Court in the Paramvir Singh Saini case.
In Paramvir Singh Saini vs Baljit Singh & Others (2020), the Top Court had directed that the CCTVs have essentially to be installed in the Police Stations, lock-ups, corridors, lobbies, reception areas, verandas/outhouses, Inspector's rooms, Sub-Inspector's rooms, areas outside the lock-up rooms, station hall, in front of the police station compound outside (not inside), washrooms/toilets, Duty Officer’s room, back part of the police station, etc. and that the said CCTV systems have to be equipped with night vision and must necessarily consist of audio as well as video footage.
The court was dealing with a petition by the Imam of Dargah Hazrat Khwaja Baqi Billah, Paharganj namely Mohd Arshad Ahmad seeking adequate Police protection for him. He had alleged that hindrance is being caused to him during the performance of his official and religious duties.
Through his plea, alleging on May 1, a clash took place at the police station, Ahmad sought directions on SHO, P.S Nabi Karim to secure/preserve forthwith the CCTV footage both Audio and Video of cameras installed inside the Nabi Karim Police Station, especially inside the room of the SHO, and place on record before the Court.
He also sought Court's direction to the State to conduct an in-depth inquiry, fairly and impartially, considering the principles of natural justice under the direct supervision of the DCP Vigilance or by a Police Officer of a higher rank on the reprehensible incident that occurred inside the room of the SHO.
Further, his plea also sought a direction to the SHO to take stringent legal action against Mohd. Nasir and his associate Parvez Noor @ Nanhe for brazenly threatening, intimidating, and subjecting the petitioner to inhuman and degrading treatment that too in the presence of the SHO.
However, opposing Ahmad's allegations, the counsel on behalf of the State submitted that there are exaggerated submissions that have been made in the petition and that there was only an exchange of hot words between the petitioner and the respondents and rather the SHO had called both the petitioner and the respondents to the Police Station for maintenance of peace and harmony between the parties at the occasion of Eid-Ul-Fitr.
It was also submitted that the CCTV video footage of the date May 1, 2022, of the Police Station Nabi Karim, has already been preserved, and the said video footage has been placed on record by the State along with the certificate under Section 65(B) of the Indian Evidence Act, 1872.
However, the court was informed that the audio footage of the day is not available. Accordingly, issuing direction to the State and the SHO, Court posted the matter on July 27 for further hearing.
Case Title: Mohd. Arshad Ahmad v. The State NCT of Delhi & Ors.