Bombay HC directs State govt. to take action against senior.

Published by Amit sharma on January 28, 2022

Background

Sachin Patil, DCP Mumbai, who is currently stationed as Superintendent of Police (Rural), Nashik, was present through video conferencing. Dashrath Choudhary, PI and Pawar, PSI, were physically present. They were unable to offer an explanation to the reasons set out in Order reproduced in the court, because of which as recorded in the Order dated 24th January, 2022, the court reached a prima facie finding that the Letter dated 8th January, 2022 issued to the Complainants is a fabricated / backdated document.

When the court inquired from Chaudhary whether the CCTV footage of 8th January, 2022 is available, like all other Station-house Officers, a stereotype 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 8th January, 2022. He has tendered his unconditional apology for the same.

Court Order

The division bench of Justice Milind N. Jadhav and Justice S.J.Kathawalla noted that the police officials are unable to provide CCTV footage, as may be required by the Court, on account of the CCTVs installed at the police station being non-functional, which is in breach of the Order of the Supreme Court.

The court said that Pursuant to the directions of the Supreme Court, the CCTV systems are installed in the police stations, merely by way of compliance to the Order, but the same are intentionally either not maintained properly to serve the purpose it is meant to serve, or are deliberately kept non– functional, so that no evidence would be available in any matter, and no one is any the wiser as to what transpired at the police stations.

The court directed the Chief Secretary, State of Maharashtra to ensure that the Order of the Supreme Court in the case of Paramvir Singh Saini is obeyed in its true letter and spirit, and to take stern action against the Senior Inspectors of Police Stations / Station Officers incharge of Police Stations for not reporting the CCTVs which are not functional and also for not taking immediate steps to rectify the fault on account of which any CCTV at their Police Station has stopped functioning.

The court further directed the Chief Secretary, State of Maharashtra to submit a report to the Court setting out the data of functional as well as non-functional CCTVs at all the police stations in the State.

Case title: Somnath Laxman Giri and Anr. v/s State of Maharashtra and Anr.

Citation: WRIT PETITION NO.692 OF 2022

Click here to read the Order/Judgment