In a landmark judgment that highlights systemic lapses in police accountability, the Orissa High Court has called for sweeping reforms to ensure transparency in police operations. The court expressed dismay over a recent incident where a couple seeking police protection at Bharatpur Police Station in Bhubaneswar found themselves embroiled as accused in a serious criminal case.
Delivering its verdict in Suo Motu W.P.(C) No. 23735 of 2024, the bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho mandated urgent steps to rectify procedural shortcomings, including the installation of CCTV cameras in all police stations across Odisha.
Case Background
The case arose from a troubling incident on September 15, 2024. An army officer and his fiancée visited Bharatpur Police Station late at night to lodge a complaint against miscreants who had allegedly harassed them. Instead of receiving support, the couple faced allegations of attempting to murder police personnel within the station premises. The fiancée was arrested, and allegations of physical abuse and police misconduct surfaced, sparking public outrage.
Lieutenant General P.S. Shekhawat, AVSM, SM, brought the matter to the court’s attention through a formal communication highlighting procedural violations, manipulation of evidence, and the absence of CCTV cameras in the police station.
Key Legal Issues
The case highlighted several systemic and legal issues:
1. Violation of Transparency Mandates: The lack of CCTV cameras in Bharatpur Police Station contravened Supreme Court guidelines on ensuring transparency in police operations.
2. Procedural Irregularities: The allegations of police misconduct and manipulation of medical reports underscored a need for strict adherence to procedural fairness.
3. Protection of Armed Forces Personnel: The court examined the treatment of armed forces members and their families in police interactions, leading to the formulation of a detailed Standard Operating Procedure (SOP).
Court Observations
The High Court expressed grave concern over the treatment of the complainants and the lack of transparency in police actions.
The bench remarked:
“It is disturbing that two individuals who entered the police station to lodge a complaint came out as accused in a serious criminal case. What happened inside the police station remains shrouded in mystery, which should never be repeated.”
The judgment noted the absence of CCTV footage, which could have shed light on the events within the station. This lapse was in clear violation of directives issued by the Supreme Court in cases such as D.K. Basu v. State of West Bengal and Paramvir Singh Saini v. Baljit Singh.
The bench also highlighted the systemic failure in ensuring police accountability:
“Manifest administrative failure on the part of the State in not installing CCTV facilities in the police station…could have easily revealed the truth.”
Judgment Highlights
The High Court issued a series of directives to address the systemic failures:
1. CCTV Installation Deadline: All police stations and outposts in Odisha must be equipped with CCTV cameras by March 31, 2025, integrated with a Central Monitoring System (CMS).
2. SOP for Armed Forces Interaction: A comprehensive SOP was introduced, emphasizing the respectful treatment of armed forces personnel and clarity in arrest procedures.
3. Monitoring Mechanisms: Senior police officer Dayal Gangwar was tasked with overseeing the implementation of reforms, including the operational status of CCTV systems.
4. Transparency in Investigations: The court reiterated that its observations should not prejudice ongoing investigations but stressed the need for impartiality and fairness.
Senior Advocate Gautam Mishra, acting as Amicus Curiae, assisted the court with meticulous arguments. Advocate General Pitambar Acharya, representing the State, and Additional Government Advocate Saswat Das provided critical insights into the State’s actions and future commitments.
