Supreme Court passed a stay order until further orders on this AP HC Order here.
Month: December 2020
Rayidi Naga Lakshmi and Anr Vs State of AP and Ors
Another Habeau Corpus petition.
On 2020-06-17,
Reddi Govinda Rao Vs State of AP and Ors
Two persons were illegally detained and this Writ of HC got filed.
Side note: Connected WPs: Most of these are already entrusted with CBI for further investigation on Police atrocities and excesses.
WP 17122/2019
WP 17099/2019
WP 14544/2020
WP 16306/2020
WP 16343/2020
WP 2167/2020
WP 6554/2020
WP 4434/2020
WP(PIL) 45/2020
On 2020-03-13,
A time of 1 week was granted Government pleader to file proper response to the allegations made in the WP.
On 2020-10-01,
Advocate submits that the Police entered into his residence, after filing of the petition!!! May be an attempt to terrorize the advocate…
The High Court directed the Government Pleader, to come prepared to assist the Court as to whether in the circumstances, which are prevailing in the State of Andhra Pradesh, the Court can record a finding that there is Constitutional Breakdown in the State of not.
Beautiful !!!
Note: Supreme Court passed a stay Order here.
On 2020-11-07,
4 FIRs were lodged on one of the detenues in a span of 2 days. None of the advocates from both sides were aware of the FIRs so High Court directed Registry to communicate with Principal District Judge, Visakhapatnam to file as affidavit with detailed of the 4 FIRs, when were they filed in which magistrate Court and at what time.
Reason: The Court wanted to know if the illegal arrests happened first even before registering of FIRs on the detenues!!!
Paramvir Singh Saini Vs Baljit Singh and Ors on 02 Dec 2020
Supreme Court passed this Order in furtherance to earlier Orders as follows:
From Paras 2 and 3,
2. This Court, vide Order dated 03.04.2018 in SLP (Crl) No. 2302 of 2017, reported as Shafhi Mohammad v. State of Himachal Pradesh (2018) 5 SCC 311, directed that a Central Oversight Body (hereinafter referred to as the “COB”) be set up by the Ministry of Home Affairs to implement the plan of action with respect to the use of videography in the crime scene during the investigation. This Court, while considering the directions issued in D.K. Basu Vs. State of West Bengal & Others (2015) 8 SCC 744, 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. The COB was further directed to issue appropriate instructions in this regard at the earliest.
From Paras 5, 6 and 7,
5. This Court, vide Order dated 16.07.2020, issued notice in the instant Special Leave Petition to the Ministry of Home Affairs on the question of audio-video recordings of Section 161 CrPC statements as is provided by Section 161 (3) proviso, as well as the larger question as to installation of CCTV cameras in police stations generally. While issuing notice this Court also took note of the directions in Shafhi Mohammad (supra).
6. This Court, vide Order dated 16.09.2020, impleaded all the States and Union Territories to find out the exact position of CCTV cameras qua each Police Station as well as the constitution of Oversight Committees in accordance with the Order dated 03.04.2018 of this Court in Shafhi Mohammad (supra).
7. Pursuant to the said directions of this Court, Compliance Affidavits and Action Taken Reports were filed by 14 States (till 24.11.2020), namely, West Bengal, Chhattisgarh, Tamil Nadu, Punjab, Nagaland, Karnataka, Tripura, Uttar Pradesh, Assam, Sikkim, Mizoram, Madhya Pradesh, Meghalaya, Manipur; and 2 Union Territories, namely, Andaman & Nicobar Islands and Puducherry.
Duties of SLOC and DLOC are as follows:
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:
a) Purchase, distribution and installation of CCTVs and its equipment; b) Obtaining the budgetary allocation for the same;
c) Continuous monitoring of maintenance and upkeep of CCTVs and its equipment;
d) Carrying out inspections and addressing the grievances received from the DLOC; and
e) To call for monthly reports from the DLOC and immediately address any concerns like faulty equipment.
Likewise, the DLOC shall have the following obligations:
a) Supervision, maintenance and upkeep of CCTVs and its equipment;
b) Continuous monitoring of maintenance and upkeep of CCTVs and its equipment;
c) 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
d) To send monthly reports to the SLOC about the functioning of CCTVs and allied equipment.
e) 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.13. It is obvious that none of this can be done without allocation of adequate funds for the same, which must be done by the States’/Union Territories’ Finance Departments at the very earliest.
One of the most important aspect is settled here… Awesome…
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 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.
Regarding placement of CCTV cameras:
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 one 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.
18. Whenever there is information of force being used at police stations resulting in serious injury and/or custodial deaths, it is necessary that persons be free to complain for a redressal of the same. Such complaints may not only be made to the State Human Rights Commission, which is then to utilise its powers, more particularly under Sections 17 and 18 of the Protection of Human Rights Act, 1993, for redressal of such complaints, but also to Human Rights Courts, which must then be set up in each District of every State/Union Territory under Section 30 of the aforesaid Act. The Commission/Court can then immediately summon CCTV camera footage in relation to the incident for its safe keeping, which may then be made available to an investigation agency in order to further process the complaint made to it.
And, finally explicitly publicising that the said premises is under CCTV monitoring in vernacular and English languages.
20. The SLOC and the COB (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV. This shall be done by large posters in English, Hindi and vernacular language. In addition to the above, it shall be clearly mentioned therein that a person has a right to complain about human rights violations to the National/State Human Rights Commission, Human Rights Court or the Superintendent of Police or any other authority empowered to take cognizance of an offence. It shall further mention that CCTV footage is preserved for a certain minimum time period, which shall not be less than six months, and the victim has a right to have the same secured in the event of violation of his human rights.
Md. Ali @ Guddu Vs State of U.P. on 10 Mar 2015
Justice Dipak Misra sitting in a Division Bench of Supreme Court held that, the story of prosecutrix did not inspire confidence so the sole evidence of prosecutrix unsupported by medical evidence led to the acquittal of the appellants.
Citations : [2016 NCC 1 99], [2015 ACR SC 1 972], [2015 AD SC 3 181], [2015 ALD CRL SC 2 43], [2015 CCR SC 2 404], [2015 CCR SC 1 543], [2015 CLT SC 120 418], [2015 CRIMES SC 2 84], [2015 JCC SC 2 1327], [2015 OLR SC 1 856], [2015 RCR CRIMINAL 2 206], [2015 SCC 7 272], [2015 SCJ 4 178], [2015 WLN SC 3 18], [2015 SCC ONLINE SC 192], [2015 SCR 3 416], [2015 ALL LJ 3 489], [2015 CRI LJ 1967], [2015 ALT CRL SC 2 432]
Other Sources :
https://indiankanoon.org/doc/51474008/
https://www.casemine.com/judgement/in/5790b240e561097e45a4e228
Supreme Court Judgment – Md. Ali@Guddu vs State of Uttar Pradesh
Ganga Kumar Srivastava Vs The State of Bihar on 20 Jul 2005
The following are the principles that emerge in regards to the exercise of power of the Supreme Court under Article 136 of the Constitution:
“(i) The powers of this Court under Article 136 of the Constitution are very wide but in criminal appeals this Court does not interfere with the
concurrent findings of fact save in exceptional circumstances.
(ii) It is open to this Court to interfere with the findings of fact given by the High Court, if the High Court has acted perversely or otherwise improperly.
(iii) It is open to this Court to invoke the power under Article 136 only in very exceptional circumstances as and when a question of law of general public importance arises or a decision shocks the conscience of the Court.
(iv) When the evidence adduced by the prosecution fell short of the test of reliability and acceptability and as such it is highly unsafe to act upon it.
(v) Where the appreciation of evidence and finding is vitiated by any error of law of procedure or found contrary to the principles of natural justice, errors of record and misreading of the evidence, or where the conclusions of the High Court are manifestly perverse and unsupportable from the evidence on record.”
Citations : [2005 SCC 6 211], [2005 JT 6 356], [2005 RCR CRI 3 707], [2005 AIR SC 3123], [2005 CRI 5 95], [2005 SAR CRI 0 640], [2005 SCJ 5 364], [2005 CALCRILR 419], [2005 CRLR 650], [2005 BLJ 1630], [2005 ALD CRI 1 485], [2005 ALD CRI 2 485], [2005 ALL MR CRI 2540], [2005 MAHLR 3 542], [2005 SUPREME 5 123], [2005 SCALE 5 535], [2005 AIR SC 3617], [2005 CCR 3 35], [2005 JCRIC 2 1182], [2005 SRJ 7 47], [2005 SLT 5 393], [2005 SCC CRI 1424], [2005 CRLJ SC 3454], [2005 MADLJ CRI 1 864], [2005 AIR SCW 3617]
Other Sources :
https://indiankanoon.org/doc/1238385/
https://www.casemine.com/judgement/in/5609ae1ce4b0149711412fe4
https://www.indianemployees.com/judgments/details/ganga-kumar-srivastava-versus-the-state-of-bihar
Veera Sarin vs UOI
A wonderful case indeed, one intending to overturn the atrocity of National Emergency imposed on Indians by Congress Government.
The matter was posted to be listed on 14 Dec 2020
2020-09-22 Here is the Petition
Girish Kumar Suneja Vs CBI on 13 Jul 2017
Supreme Court held that all those Order of a Trial Court which terminate the proceedings are not interlocutory Order but are intermediate orders in nature so such Orders are not prohibited in Revision at Session or High Courts.
From Para 16, 17 and 18,
16. While the text of sub-section (1) of Section 397 of the Cr.P.C. appears to confer very wide powers on the court in the exercise of its revision jurisdiction, this power is equally severely curtailed by sub-section (2) thereof. There is a complete prohibition in a court exercising its revision jurisdiction in respect of interlocutory orders. Therefore, what is the nature of orders in respect of which a court can exercise its revision jurisdiction?
17. There are three categories of orders that a court can pass – final, intermediate and interlocutory. There is no doubt that in respect of a final order, a court can exercise its revision jurisdiction – that is in respect of a final order of acquittal or conviction. There is equally no doubt that in respect of an interlocutory order, the court cannot exercise its revision jurisdiction. As far as an intermediate order is concerned, the court can exercise its revision jurisdiction since it is not an interlocutory order.
18. The concept of an intermediate order first found mention in Amar Nath v. State of Haryana7 in which case the interpretation and impact of Section 397(2) of the Cr.P.C. came up for consideration. This decision is important for two reasons. Firstly it gives the historical reason for the enactment of Section 397(2) of the Cr.P.C. and secondly considering that historical background, it gives a justification for a restrictive meaning to Section 482 of the Cr.P.C.
From Para 21,
21. The concept of an intermediate order was further elucidated in Madhu Limaye v. State of Maharashtra8 by contradistinguishing a final order and an interlocutory order. This decision lays down the principle that an intermediate order is one which is interlocutory in nature but when reversed, it has the effect of terminating the proceedings and thereby resulting in a final order. Two such intermediate orders immediately come to mind – an order taking cognizance of an offence and summoning an accused and an order for framing charges. Prima facie these orders are interlocutory in nature, but when an order taking cognizance and summoning an accused is reversed, it has the effect of terminating the proceedings against that person resulting in a final order in his or her favour. Similarly, an order for framing of charges if reversed has the effect of discharging the accused person and resulting in a final order in his or her favour. Therefore, an intermediate order is one which if passed in a certain way, the proceedings would terminate but if passed in another way, the proceedings would continue.
From Paras 23 and 24,
23. We may note that in different cases, different expressions are used for the same category of orders – sometimes it is called an intermediate order, sometimes a quasi-final order and sometimes it is called an order that is a matter of moment. Our preference is for the expression ‘intermediate order’ since that brings out the nature of the order more explicitly.
24. The second reason why Amar Nath is important is that it invokes the principle, in the context of criminal law, that what cannot be done directly cannot be done indirectly. Therefore, when Section 397(2) of the Cr.P.C. prohibits interference in respect of interlocutory orders, Section 482 of the Cr.P.C. cannot be availed of to achieve the same objective. In other words, since Section 397(2) of the Cr.P.C. prohibits interference with interlocutory orders, it would not be permissible to resort to Section 482 of the Cr.P.C. to set aside an interlocutory order.
Finally,
27. Our conclusion on this subject is that while the appellants might have an entitlement (not a right) to file a revision petition in the High Court but that entitlement can be taken away and in any event, the High Court is under no obligation to entertain a revision petition – such a petition can be rejected at the threshold. If the High Court is inclined to accept the revision petition it can do so only against a final order or an intermediate order, namely, an order which if set aside would result in the culmination of the proceedings. As we see it, there appear to be only two such eventualities of a revisable order and in any case only one such eventuality is before us. Consequently the result of paragraph 10 of the order passed by this Court is that the entitlement of the appellants to file a revision petition in the High Court is taken away and thereby the High Court is deprived of exercising its extraordinary discretionary power available under Section 397 of the Cr.P.C.
28. However, this does not mean that the appellants have no remedy available to them – paragraph 10 of the order does not prohibit the appellants from approaching this Court under Article 136 of the Constitution. Therefore all that has happened is that the forum for ventilating the grievance of the appellants has shifted from the High Court to this Court. It was submitted by one of the learned counsel that this is not good enough for the appellants since this Court is not obliged to give reasons while dismissing such a petition unlike the High Court which would necessarily have to give reasons if it rejected a revision petition. In our opinion, the mere fact that this Court could dismiss the petition filed by the appellants under Article 136 of the Constitution without giving reasons does not necessarily lead to the conclusion that reasons will not be given or that some equitable order will not be passed. The submission of learned counsel has no basis and is only a presumption of what this Court might do. We cannot accept a submission that has its foundation on a hypothesis.
Citations : [2017 SCC ONLINE SC 766], [2017 AIR SC 3620], [2017 CRIMES SC 3 96], [2017 CCR SC 3 409], [2017 MLJ CRL 3 616], [2017 RCR CRIMINAL 3 665], [2017 SCALE 7 661], [2017 SCC 14 809], [2018 SCC CRI 1 202], [2017 CRI LJ 4980], [2017 AIC 180 100]
Other Sources :
https://indiankanoon.org/doc/174336697/
https://www.casemine.com/judgement/in/59786fa94a9326202d8a7817
CrPC 401 – High Court’s powers of revision
(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
CrPC 399 – Sessions Judge’s powers of revision
(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401.
(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.
