The Supreme Court of India has taken suo motu cognizance of the widespread lack of functional CCTV cameras in police stations across the country, registering a Public Interest Litigation (PIL) on the matter. This action follows reports of numerous custodial deaths in recent months, highlighting a concerning failure to comply with the court's previous orders mandating CCTV installation to ensure transparency and curb custodial torture.

A bench of Justices Vikram Nath and Sandeep Mehta instituted the case after a news report by Dainik Bhaskar referred to 11 deaths in the last eight to nine months inside police stations. The court noted that police often fail to provide CCTV footage in custodial death cases, citing technical faults, lack of storage, ongoing investigations, or legal restrictions. In some instances, police have simply refused to share the footage or have delayed its release.

In December 2020, a three-judge bench had directed all States and Union Territories to install CCTV cameras in all police stations. The court emphasized that these directions were in furtherance of the fundamental rights of each citizen guaranteed under Article 21 of the Constitution, requiring authorities to implement the order in letter and spirit. The 2020 order also mandated CCTV installation in offices of investigative agencies like the CBI, ED, and NIA, which have the power of arrest. Furthermore, the court directed that CCTV systems must be equipped to preserve data for at least 18 months.

The Supreme Court's earlier directives aimed to streamline CCTV management and ensure footage review for human rights violations through central and state-level oversight bodies. The Senior House Officer (SHO) of every police station was to be responsible for maintaining CCTV data, backing up recordings, and fixing faults. The court also stated that state and Union Territory governments should ensure that CCTV cameras are installed in each and every police station functioning in the respective state and/or Union Territory and to ensure that no part of a police station is left uncovered.

Despite these clear directives and a prior "last chance" given in April 2023 to install CCTV cameras, the situation on the ground remains unsatisfactory. The current action by the Supreme Court underscores the seriousness of the issue and the urgent need for compliance. The Court in 2018 had ordered installation of CCTV cameras in police stations to check human rights abuses.

The lack of functional CCTV cameras raises concerns about accountability and the potential for abuse within police stations. The absence of footage can hinder investigations into alleged custodial deaths and human rights violations, making it difficult to ascertain the truth and provide justice to victims. The apex court has mandated that CCTV camera footage should be stored in digital video recorders or network video recorders.

In 2020, the Supreme Court directed the Centre to compulsorily install CCTV cameras and recording equipment in police stations as a deterrent against custodial torture. The judgment had also mandated the constitution of oversight committees at State and district levels to monitor installation, functioning, budgetary needs and repair of CCTV systems. It required that large posters informing people about CCTV coverage be prominently displayed at the offices of these central agencies and police stations and that these posters were to clearly mention that a person has a right to complain about human rights violations to the National/State Human Rights Commission, Human Rights Court or the Superintendent of Police or any other authority empowered to take cognisance of an offence. The court had further directed that CCTV footage be preserved for not less than six months and that a victim of human rights violations within the precincts of these offices had the right to access the footage.

The Supreme Court's intervention reflects its commitment to upholding fundamental rights and ensuring police accountability. By taking suo motu cognizance, the court signals its determination to address the non-compliance with its previous orders and to create a system that safeguards citizens from potential abuse in custody. The outcome of this PIL will likely have significant implications for police practices and human rights protection across India.