The Kerala State Unit of the Aam Aadmi Party represented by its Convenor Ms. Sara Joseph, a well known litterateur, has filed a writ petition as a Public Interest Litigation in the High Court of Kerala through Adv: S. Sanal Kumar, alleging a drastic spurt of instances of violation of human rights by the State Police, and seeking a direction to the State Government to install CCTV Cameras in all police stations in Kerala "to make
the life of person in custody safe and secure".
The Aam Aadmi Party has drawn the attention of the Court to a number of incidents involving violation of human rights by the State Police, including the most recent incident of the
custodial torture of a housemaid, Leeba Ratheesh at Cheranalloor Police Station
in Ernakulam District. In the writ petition, a copy of which has been accessed by the Kerala Law Review, the petitioner states :
"Leeba Ratheesh, a housemaid belonging to a Backward Class Community, was taken into custody by the police in connection with a theft case. The Sub Inspector and a Woman Police Officer had snapped on her cheek when she was taken into custody from the house where she worked. She was detained for a period of 3 days, and all along she was subjected to third degree methods. On medical examination it was found that she suffered fracture of lumbar vertebra."
The Aam Aadmi Party alleges in its petition that
"Majority of the cases relating to torture in police custody does not become reported or documented, the victims being apprehensive of police wrath and vindictiveness. Neither the National Crime Records Bureau nor the State Crime Records Bureau published the instances of police torture. The police torture gains the attention of the authorities only when it culminates in custodial death. The exact data relating to police torture is unavailable in any of the official records and hence it is difficult to demonstrate the magnitude of police torture in State of Kerala with facts and figures. But, it has become axiomatic that the torture in police custody is order of the day."
The petitioner points out that the
measures to be adopted for abatement or eradication of police torture can be either
preventive or remedial.
The petitioner further states:"The preventive measure mainly contemplates the installation of Closed Circuit TV Surveillance cameras (hereinafter referred to as ‘CC TV’) in all police stations and police vehicles in Kerala and peremptory direction to hold interrogation sessions under CCTV Camera Surveillance. The remedial measures, in fact, includes both civil and criminal. The erring officers are to be prosecuted under the Criminal Law and, on the public law remedy or civil jurisprudence they should be asked to pay compensation to the victims with emphasis on speedy disposal of cases. "
"...inspite of yeoman service rendered by the Human Rights Commission for prevention of police torture resulting in human rights violation, by the nature of its constitution it can only issue remedial measures when custodial torture occurs. The Human Rights Commission is lacking in its armory preventive measures for causing abatement to custodial torture. Though the Director General of Police and State of Kerala are bound to take preventive measures to avert custodial torture, no positive efforts are made by the State. Though a representation on behalf of the petitioner Party is pending before the Director General of Police pointing out various aspects of police torture and preventive measures to be taken, no action has been taken on the said representation which specifically calls for installation of CC TV Cameras in police stations."
In this backdrop, the petitioner has prayed for a direction from the Court to the respondents (State of Kerala, the Director General of Police and the Home Secretary)
to install CC TV
Cameras in all the police stations in the State of Kerala within such time as
may be stipulated by the Court and for a direction to Magistrates to scrupulously
follow the provisions contained in Sections 41 to 53 of the Code of Criminal
Procedure and to ensure that the person in custody of the police is not tortured in custody.
The Aam Aadmi Party has pointed out in its writ petition that the failure
of the Government in taking measures for preventing custodial torture is
resulting in deprivation of fundamental right guaranteed under Article 21 of
the Constitution and also militates against various International Conventions
against torture. The petitioner has contended that
"The Right to be free from All Kinds of Torture, other Cruel, Inhuman, Degrading Treatment or Punishment has reached the status of jus cogens norms in international law. Jus cogens are peremptory norms of international law from which no derogation is ever permitted."
The party further contends that the
Law Commission in its 239th Report also recommended the installation
of CC TV cameras in police stations, and further that the
permissibility and the employment of CC TV Surveillance is discernable from the provisions of Section 33 of the Kerala Police Act, 2011. The petitioner has also drawn the attention of the Court to a judgment passed by the
Bombay High Court wherein the Bombay High Court has directed the Government of
Maharashtra to immediately install and maintain CC TVs with rotating cameras in
every corridor, room and lockup of each police so that every part of the police
station is covered 24 hours of the day. The petitioner has also pointed out that the Gujarat High
Court by its judgment dated 26.09.2014 has set December 31st as the deadline
for the State Government to complete installation of CC TV cameras in each of
the police stations across the State.
The crux of the contentions urged by the Aam Aadmi Party before the High Court of Kerala in support of the reliefs sought by it in the writ petition is that the most effective way
of preventing custodial torture is by way of installation of
CCTV Surveillance Cameras inside the police stations and police
vehicles, and that the
installation of CCTV cameras will ensure mutual benefits to all stake holders.
The writ petition which came up for consideration of a Division Bench of the Hon'ble High Court of Kerala today, has been adjourned by a period of 4 weeks.
