New Delhi, Nov 25: The Supreme Court on Tuesday said custodial violence and death is a “blot “on the system, and the country will not tolerate this.
While hearing a suo motu case concerning lack of functional CCTVs in police stations, a bench of Justices Vikram Nath and Sandeep Mehta referred to its order passed in the matter and said 11 deaths were reported in police custody in eight months in Rajasthan.
“Now this country will not tolerate this. This is a blot on the system. You can’t have deaths in custody,” the bench said.
Solicitor General Tushar Mehta said nobody can even justify or attempt to justify custodial deaths.
The bench also questioned the Centre as to why it has not filed compliance affidavit in the matter.
“The Union is taking this court very lightly.Why?” Justice Nath asked.
Mehta said he was not appearing in the suo motu matter but nobody can take the court lightly.
He said the Centre would file the compliance affidavit within three weeks.
In September, the apex court had taken suo motu cognisance of a media report which stated that 11 lives were lost in police custody in Rajasthan in the first eight months of 2025, of which seven incidents occurred in the Udaipur division.
In a separate matter, the apex court had in 2018 ordered installation of CCTV cameras in police stations to check human rights abuses.
During the hearing on Tuesday, the bench also heard the submissions of senior advocate Siddhartha Dave, who is assisting the apex court as an amicus curiae in a separate matter in which the top court had passed an order in December 2020.
In that order, the top court had directed the Centre to install CCTV cameras and recording equipment at the offices of investigating agencies, including the CBI, the Enforcement Directorate and the National Investigation Agency.
Dave told the bench on Tuesday that he has filed a report in the case in which order was passed in December 2020.
“On the last date, we had made certain specific queries from all the states and Union Territories (UTs). Have they responded?” the bench asked.
The bench was informed that in the suo motu case, only 11 states have filed their compliance affidavits.
Dave said in the earlier case also, many of the states have not filed their compliance affidavits.
The bench observed that Madhya Pradesh has given a positive response and each police station and outpost in the state is connected to centralised work station at district control room.
“That is something remarkable,” the bench said.
Dave said CCTVs were installed in three central probe agencies but the other three are yet to comply with the apex court’s direction.
“It’s a judgement of the court, we are bound. But having CCTV inside the police stations also is something which can be counter productive to investigation. Now there is a judgement, we can’t argue,” Mehta said.
The bench observed that in America, they have live streaming of the footage.
“America has even private jails where you can get almost resort level facilities,” the solicitor general said.
He said there was a suggestion from one of the benches that “why don’t you persuade the industrialists, who are suppose to spent some money of CSR (corporate social responsibility), to create private jails”.
The bench said it is already seized of a matter concerning open air prison.
“You don’t need any other system. That is one of the best resolutions to so many problems of overcrowding and regular complaint of violence in jails,” the bench said, adding it would also help in reducing the financial burden.
Dave flagged that there was no budgetary allocation done for installation of CCTVs for three central agencies.
“We find that only 11 states have filed their compliance affidavits in the suo motu writ petition. The remaining states and Union territories have not filed their compliance affidavits which includes the Union of India also,” the bench noted in its order.
It granted three weeks time to the states and UTs, which have not yet filed their compliance affidavits, to do so and posted the matter for hearing on December 16.
The bench said if by the said date, the compliance affidavits are not filed by the remaining states and UTs, their principal secretary in the department of home will remain present before the court along with their respective explanations for not complying with the orders.
Mehta said the Union home secretary is not involved in the entire process as no police station is under his control.
The bench said the apex court’s earlier direction was for the central probe agencies.
It said if the compliance affidavits will not be filed, then the respective directors of the central probe agencies may have to come to the court.
The bench said Dave would assist it as amicus in the suo motu case also.
On September 15, the apex court flagged the issue of oversight and said it was thinking of having a control room without any human intervention for monitoring of feeds of CCTV cameras installed at police stations.
In December 2020, the top court had said states and UTs should ensure CCTV cameras were installed at each police station, at all entry and exit points, main gate, lock-ups, corridors, lobby and reception as also areas outside the lock-up rooms so that no part was left uncovered.
