In the instant petition, the petitioner demands protection against inhuman treatment and violation of his fundamental rights while in remand by seeking installation of CCTV inside the police station including interrogation room, was brought before a bench of Punjab & Haryana High Court consisting of Justice Amol Rattan Singh in the matters between Kaushal v. State of Haryana CRM-M -43672 of 2021 decided on 7.1.2022.
The facts of the case are the petitioner, Kaushal Chaudhury is a gangster who was brutally tortured in the interrogation room while in remand and also brought about allegations of human right violations against him in jail.
The Petitioners contended that in view of the above facts and circumstances, he seek directions from the court to allow videography of his leaving the jail premises to his reaching the police station, interrogation session,when taken outside jail in the presence of his lawyer and appropriate security in order to prevent fake encounter and also “during interrogation his medical examination be also got conducted through a board of doctors or through a civil hospital, so that if any torture ‘is done to him’, then it can be revealed through the said medical examination.”
The Respondents however, completely denied the allegations and contended that there is no provision in Criminal Procedure Code to mandate filing affidavits regarding whether directions of Supreme Court in Paramvir Singh Saini v. Baljit Singh & Ors. are being followed.
The Punjab & Haryana High Court upheld the importance of using contemporary investigative methods rather than resorting to third-degree tactics. CCTV cameras were ordered to be installed all over the police stations, including the interrogation rooms, as per the Supreme Court’s jurisdiction. According to the case of Paramvir Singh Saini v Baljit Singh & Ors.,directives no part of a police station can remain hidden to CCTV and the interrogation room should naturally be located within the perimeter.The court also said that India cannot provide the lame excuse that situations in other advanced countries cannot be equated to us and therefore cannot be compared to the methods employed there in interrogating the accused here.The torment of Police dealing with tough criminals was acknowledged but, under the constitutional order and legal provisions, even the worst offender cannot be denied a fair trial following proper procedure.
Judgement reviewed by Bhaswati Goldar