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2025 DAILYLAW 8998 (AP)

PANKAJA SREE VALLABHANENI v. The State of Andhra Pradesh,

WP/5470/2025 · 2025-03-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5470 OF 2025 Between: Pankaja Sree Vallabhaneni, W/o. Vallabhaneni Vamsi Mohan, Age 53 years, R/o. Pent House, R.S. Kalyani Towers, 0pp. St. Johns School, Srinagar, Gannavaram, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department A P Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner of Police, Pingali Venkaiah Marg, Doordarshan Kendra Quarters, Buckinghampeta, Viajaywada - 520010 NTR District. 3. The Station House Officer, Patamata Police Station, Vijayawada, NTR District. ...Respondents Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents 2 and 3 in not considering the representation dated 17.02.2025 of the Petitioner herein on restoration of CCTV footage as illegal, arbitrary and in violation of principles of natural justice and consequently, direct the Respondent No. 3 to take necessary steps to preserve and secure the CCTV footage of all the premises of Patamata Police Station, including both inside and outside areas of said Patamata Police Station from 10.02.2025 to 15.02.2025 in connection with Cr. No. 86 of 2025 on the file of Respondent No.3 immediately in accordance with the procedure established by law. in 4 Counsel for the Petitioner: SRI V.DEVI SATYA SRI Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010098542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5470 OF 2025 Between: Pankaja Sree Vallabhaneni ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner; Sri V.Devi Satya Sri Counsel for the Respondents: Ld. Special Govt. Pleader The Court made the following order: 1. Heard the learned Special Government Pleader appearing for the State, learned counsel for the petitioner submits that the petitioner is inaction of the respondents in not considering the dated 17.02.2025. The learned that representation for securing the of Patamata police station from 10.02.2025 to 15.02.2025 in connection with crime No.86 of 2025 of Patamata ...RESPONDENT(S) counsel for the petitioner and the learned 2. The aggrieved by the representation of the petitioner counsel further submits C.C.T.V. footage -2- W.P. No.5470 of 2025 police station, Vijayawada. The learned counsel also submits that C.C.T.V. footage which is recorded at the Patamata police station is crucial for the case registered against the husband of the petitioner. the learned Assistant Government Pleader 3. On 05.03.2025 submitted that C.C.T.V. footage would generally be stored for one year. 4. Today, the learned Special Government Pleader representing the State submits that the petitioner, who is the wife of the accused has submitted a representation and that she cannot maintain the writ petition. It is also submitted by the learned Special Government Pleader that the C.C.T.V. footage would in any way be stored and that the representation of the petitioner, dated 17.02.2025, would be considered and appropriate orders would be passed. 5. The learned Special Government Pleader further submits that the petitioner has submitted an application dated 22.02.2025 under the Right to Information Act, 2005 seeking a copy of the C.C.T.V. footage for the period 10.02.2025 to 15.02.2025 that may have to be dealt with by the concerned police in accordance with the provisions of the Right to Information Act. 6. Considering the prayer of the petitioner that the petitioner is only seeking a direction to the 3'"'^ respondent to secure the C.C.T.V. -3- W.P. No.5470 of 2025 footage of all premises of Patamata police station including inside and outside area of Patamata police station from 10.02.2025 to 15.02.2025 in connection with crime No.86 of 2025 is only in the interest of petitioner and also in the interest of the State. 7. C.C.T.V. footage has to be essentially stored for a period of one year in accordance with the guidelines of the Hon’ble Supreme Court rendered in the matter of Paramvir Singh Saini v. Baljit Singh and others”' while dealing with the issue of installation of C.C.T.V. cameras in police stations. The Hon’ble Supreme Court further held that the installation of C.C.T.V. cameras is in pursuance of the directions in the matter of D.K. Basu v. State of West Bengal^ wherein it was held that there was a need for further directions that in every State an oversight mechanism be created whereby an independent committee can study the CCTV camera footages and periodically publish a report of its observations thereon. 8. The Hon’ble Supreme Court, in the matter of Paramvir Singh Saini (supral), directed all the States and Union Territories to file compliance affidavits insofar as the position of C.C.T.V. cameras in each police station detailing the total number of cameras installed " (2021) 1 see 184 ^ (2015) 8 see 744 -4- W.P. No.5470 of 2025 in each police station, the positioning of the C.C.T.V. cameras which are already installed; working condition of the C.C.T.V. cameras; whether the C.C.T.V. cameras have a recording facility and the details of the capacity of recording available. The relevant portion of the said judgment reads as under: 10. So far as constitution of Oversight Committees in accordance with our Order dated 03.04.2018 is concerned, this should be done at the State and District levels. The State Level Oversight Committee (hereinafter referred to as the “SLOC”) must consist of; (i) The Secretary/ Additional Secretary, Home Department; (ii) Secretary/Additional Department; (iii) The Director General/lnspector General of Police; Secretary, Finance and (iv) The Chairperson/ member of the State Women’s Commission. 11. So far as the District Level Oversight Committee (hereinafter referred to as “DLOC”) is concerned, this should comprise of: (i) The Divisional Commissioner/ Commissioner of Divisions/ Regional Commissioner/ Revenue Commissioner Division of the District (by whatever name called); (ii) The District Magistrate of the District; (iii) A Superintendent of Police of that District; and (iv) A mayor of a municipality within the District/ a Head of the Zilla Panchayat in rural areas. 12. It shall be the duty of the SLOC to see that the directions passed by this Court are carried out. Amongst others, the duties shall consist of: Purchase, distribution and installation of CCTVs and its equipment; Obtaining the budgetary allocation for the same; Continuous monitoring of maintenance and a) b) c) -5- W.P. No.5470 of 2025 upkeep of CCTVs and its equipment; Carrying out inspections and addressing the grievances received from the DLOC; and To call for monthly reports from the DLOC and immediately address any concerns like faulty equipment. d) e) Likewise, the DLOC shall have the following obligations: Supervision, maintenance and upkeep of CCTVs and its equipment; Continuous monitoring of maintenance and upkeep of CCTVs and its equipment; To interact with the Station House Officer (hereinafter referred to as the “SHO”) as to the functioning and maintenance of CCTVs and its equipment; and To send monthly reports to the SLOC about the functioning of CCTVs and allied equipment. To review footage stored from CCTVs in the various Police Stations to check for any human rights violation that may have occurred but are not reported. a) b) c) d) 13 14. The duty and responsibility for the working, maintenance and recording of CCTVs shall be that of the SHO of the police station concerned. It shall be the duty and obligation of the SHO to immediately report to the DLOC any fault with the equipment or malfunctioning of CCTVs. If the CCTVs are not functioning in a particular police station, the concerned SHO shall inform the DLOC of the arrest / interrogations carried out in that police station during the said period and forward the said record to the DLOC. If the concerned SHO has reported malfunctioning or non functioning of CCTVs of a particular Police Station, the DLOC shall immediately request the SLOC for repair and purchase of the equipment, which shall be done immediately. 15. The Director General/Inspector General of Police of each State and Union Territory should issue directions to the person in charge of a Police Station to entrust the SHO of the concerned Police Station with the responsibility of assessing the working condition of the -6- W.P. No.5470 of 2025 CCTV cameras installed in the police station and also to take corrective action to restore the functioning of all non-functional CCTV cameras. The SHO should also be made responsible for CCTV data maintenance, backup of data, fault rectification etc. 16. The 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. Further, in order to ensure that no part of a Police Station is left uncovered, it is imperative to ensure that CCTV cameras are installed at all entry and exit points; main gate of the police station; all lock-ups; all corridors; lobby/the reception area; all verandas/outhouses, Inspector's room; Sub- Inspector's room; areas outside the lock-up room; 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. 17. CCTV systems that have to be installed must be equipped with night vision and must necessarily consist of audio as well as video footage. In areas in which there is either no electricity and/or internet, it shall be the duty of the States/Union Territories to provide the same as expeditiously as possible using any mode of providing electricity, including solar/wind power. The internet systems that are provided must also be systems which provide clear image resolutions and audio. Most important of all is the storage of CCTV camera footage which can be done in digital video recorders and/or network video recorders. CCTV cameras must then be installed with such recording systems so that the data that is stored thereon shall be preserved for a period of 18 months. If the recording equipment, available in the market today, does not have the capacity to keep the recording for 18 months but for a lesser period of time, it shall be mandatory for all States, Union Territories and the Central Government to purchase which allows storage for the maximum period possible, and, in any case, not below 1 year. It is also made clear that this will be reviewed by all the States so as to purchase equipment which is able to store the data for 18 months as soon as it is commercially available in the market. The affidavit of compliance to be filed by all States and Union Territories and Central Government shall clearly indicate that the best equipment available as of date has been purchased.” one -7- W.P. No.5470 of 2025 9. These directions of the Hon’ble Supreme Court are issued in furtherance of protecting the fundamental rights of the citizens guaranteed under the constitution. In the present case, the petitioner is only seeking a direction to preserve the C.C.T.V. recordings for the period from 10.02.2025 to 15.02.2025, which the station house officer is any way bound to. 10. Following the principles laid down by the Hon’ble Supreme Court and considering the submissions of the learned counsel for the petitioner and the learned Special Government Pleader, this Court deems it appropriate to allow the writ petition, directing the respondent to secure C.C.T.V. footage of all premises, including inside and outside area, of Patamata police station from 10.02.2025 to 15.02.2025 and store it safely for the purposes and in connection with Crime No.86 of 2025 of Patamata police station, Vijayawada. 11. Accordingly, the writ petition is allowed without costs. 12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/- K, SRINIVASA RAJU ASSISTANT REG SEcfioN OFFICER State of Andhra Pradesh, District, Andhra Pradesh. RAR //true copy// To House Officer. Patamata Police Station, Vi.ayawada, NTR 3. The Station District. 4. One CC to Sri V.Devi 5. Two CCS to iwo CD Copies Satya Sri, Advocate [OPUC] GP for Home, High Court lof Andhra Pradesh. [OUT] o. HIGH COURT DATED:10/03/2025 Sf 'x 12 MAR 2025 ORDER WP.No.5470 of 2025 to a> . Current Section ALLOWING THE WP WITHOUT COSTS