SOMNATH LAXMAN GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 24/1/2022 this Court passed the following Order:

(2.) Today Shri Sachin Patil, DCP Mumbai, who is currently stationed as Superintendent of Police (Rural), Nashik, is present through video conferencing. Shri Dashrath Choudhary, PI and Shri Pawar, PSI, are physically present before us. They are unable to offer an explanation to the reasons set out in paragraph no.5 of the Order reproduced hereinabove, because of which as recorded in our Order dated 24 th January, 2022, we reached a prima facie finding that the Letter dated 8 th January, 2022 issued to the Complainants is a fabricated / back dated document. When we inquired from Shri Chaudhary whether the CCTV footage of 8 th January, 2022 is available, like all other Station-house Officers, a stereo type answer was given that the CCTV cameras installed at Sinnar Police Station, Nashik, are not operating since the last two months. However, Shri Chaudhary, PI, admits that there are certain lapses on the part of the police officials on duty at the Sinnar Police Station on 8 th January, 2022. He has tendered his unconditional apology for the same. We are accepting the unconditional apology and also give benefit of doubt to the police officials only because the extract of the General Diary produced before us, records that the Notice dtd. 8/1/2022 was served on the Complainants on 8/1/2022 and are thus not proceeding with the issue any further.

(3.) As regards the repeated excuse given by the police officials manning the police stations in our State that the CCTV cameras are not functioning since a long time, it is necessary to point out that the three Judge Bench of the Supreme Court has in the case of Paramvir Singh Saini V/s. Baljit Singh and Ors., (2021) 1 SCC 184 vide its Order dtd. 2/12/2020, interalia recorded that on 16/7/2020, the Supreme Court issued a notice to the Ministry of Home Affairs on the question of audio-video records of statements recorded under Sec. 161 Code of Criminal Procedure as is provided in the Proviso to Sec. 161(3), as well as the larger question with respect to installation of CCTV cameras in police stations. By its further Order dtd. 16/9/2020, the Supreme Court impleaded all the States and Union Territories to find out the exact position of CCTV cameras qua each police station, as well as the constitution of Oversight Committees in accordance with the Order dtd. 3/4/2018 passed in the case of Shafhi Mohammad V/s. State of Himachal Pradesh, (2018) 5 SCC 311. Since the Affidavits filed by some of the States were not found to be satisfactory, the Supreme Court recorded its displeasure and gave further directions in this regard as follows :