Madras High CourtWP/22303/2016disposed of

Suo-Motu Pil v. Union Of India,

2023-11-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Union of India, rep. by the Secretary, Ministry of Home Affairs, New Delhi-110 001.

2.The Secretary to Government, Ministry of Railways, New Delhi.

3.The General Manager, Southern Railway, Chennai-600 003.

4.The Chief Security Commissioner, Railway Protection Force, Southern Railway, Chennai-600 003.

5.The Chief Secretary, Government of Tamilnadu, Secretariat, Chennai-600 009.

6.The Principal Secretary, Government of Tamilnadu, Home Department, Secretariat, Chennai-600 009.

7.The Director General of Police, Tamilnadu, Chennai-600 004.

8.The Commissioner of Police, Greater Chennai Commissionerate, Chennai-600 008.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to submit the report to this Court for the following queries: - (i) Why scientific advancement with its vast benefits is not fully utilised by the respondents for the benefit of the people especially, towards security of the people, by installation of CCTV cameras in important places, vantage and strategic locations?

(ii) Why the respondents have not allotted required and sufficient funds for the purpose of installation of CCTV cameras with modern integrated control room and other advanced gadgets?

(iii) In how many places, the CCTV cameras have already been fixed?

(iv) In how many places, CCTV cameras are required to be installed?

(v) What is the time required for allocation of funds and installation of CCTV cameras in important places in a warfooting manner? (vi) Why the vacancies in the Police Force, Railway Force, as well as in the other Security Forces including the State Police have not been filled up, even though the Governments are aware of the importance of Police Force and Security Force to prevent the crimes which are increasing day by day?

(vii) Why not create an integrated modern control rooms under a single roof, with real time inputs, connecting CCTV cameras with video recorders, round the clock, on roads and vantage points, connected with Police Stations, in every part of the country, to make it a safer place to live in? (viii) Why not the State Government immediately install high resolution integrated CCTV cameras, on the roads, to prevent traffic violations, accidents, resultant deaths and injuries, de hors the arbitration proceedings initiated by the contractor regarding the earlier project to install CCTV cameras on the roads?

(ix) Why not all the Governments invite private stakeholders or Corporates, in the above mentioned projects especially persons employed by multinationals and IT Companies, have to necessarily report duty at odd hours?

(x) Why not the Union Government (Ministry of Home Affairs) direct all the State Governments to bring about an important legislation like "ANDHRA PRADESH PUBLIC SAFETY (MEASURES) ENFORCEMENT ACT, 2013" enacted by Andhra Pradesh Government, making it mandatory for private establishments to install CCTV Cameras in the streets of their location or alternatively, why not the Central Government itself enact a comprehensive Central Public Safety Act?

For the Respondents : Mr.G.Ilangovan Senior Panel Counsel for respondent No.1 : Mr.P.T.Ramkumar for respondents 2 to 4 : Mr.P.Muthukumar State Government Pleader for respondents 5 to 8 : Mr.Suhrith Parthasarathy Amicus Curiae

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Suhrith Parthasarathy, learned Amicus Curiae; Mr.G.Ilangovan, learned Senior Panel Counsel for the first

respondent; Mr.P.T.Ramkumar, learned counsel for respondents 2 to 4; and, Mr.P.Muthukumar, learned State Government Pleader for respondents 5 to 8.

2. Suo-motu cognizance is taken by this Court in the year 2016 on account of the gruesome daylight murder of a young Software Engineer at Nungambakkam Railway Station on 24.06.2016. This Court had passed orders from time to time in the instant suo-motu petition. This Court expected the installation of CCTV cameras at all important locations and filling up of vacancies of Police Force, Railway Force and other Security Forces.

3. The railway authorities, on the last date (27.9.2023), had submitted that there are 442 railway stations in the State of Tamil Nadu. 35 railway stations are equipped with CCTV/Video Surveillance System. It was stated that for the remaining 407 railway stations within the Tamil Nadu jurisdiction of Southern

Railways, the CCTV/Video Surveillance System would be installed and made operative by 2025. We had observed that the timeline sought for providing CCTV/Video Surveillance System in the remaining railway stations is too long a period.

4. Today, a status report is filed by the fourth respondent thereby laying down the timeline for installation of the CCTV/Video Surveillance System in all the remaining railway stations throughout the State of Tamil Nadu. The details are given as under:

MONTH/ YEAR MADRAS MADURAI TRICHY SALEM PALLAKAD TRIVANDRUM TOTAL Dec - 23 Nil Nil Nil Jan - 24 Nil Nil Nil Feb - 24 Nil Nil Nil Nil Nil Mar - 24 Apr - 24 Nil Nil May - 24 Nil Nil Jun - 24 Nil Nil Jul - 24 Nil Nil Total

5. We hope and trust that the railways/fourth respondent would adhere to the timelime and see that the CCTV/Video Surveillance System is installed in all the railway stations within the timeline.

6. The State has already filed the status report in September, 2023 thereby submitting that the CCTV cameras are installed in the police stations. The tabulation had been provided in the status report filed by respondents 6 to 8. It is further stated that the CCTV cameras are also installed by the concerned District/Commissionerates at important junctions, important places, vantage and strategic locations based on local requirements. The details are given with regard to the establishment of the CCTV cameras at the important places and also the funds allocated for the same.

7. We accept the status reports filed by the respondents. The respondents shall also monitor the effective functioning of

the CCTV/Video Surveillance System. Their job would not be over by just installing it, they have to oversee on regular basis that the same are functioning effectively.

8. In view of the status reports filed, we dispose of the suomotu writ petition. There will be no order as to costs. We appreciate the assistance rendered by Mr.Suhrith Parthasarathy, learned Amicus Curiae.

(S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index :

Yes/No Yes/No bbr

To 1.The Secretary, Union of India, Ministry of Home Affairs, New Delhi-110 001.