The Supreme Court on Thursday directed all law enforcement agencies and private bodies to preserve CCTV footage and other digital evidence collected by them, after a plea sought an interim order for the preservation of footage. The direction was passed by a Bench of Chief Jusice Surya Kant and Justice Joymalya Bagchi.
Senior Advocate Gaurav Bhatia, appearing in the matter, sought an interim direction for the preservation of CCTV footage, referring to the incident involving a woman journalist who was allegedly pushed while she was two to three months pregnant.
Solicitor General Tushar Mehta submitted to the Court that the Police Commissioner had already written to every police station directing them not only to preserve the footage but also to save it at police headquarters. Senior Advocate Indira Jaising, however, submitted that a judicial direction was necessary to ensure preservation of the evidence.
Taking note of the submissions, Justice Bagchi stated that the Court would pass an order directing the preservation of CCTV footage. The Solicitor General expressed no objection to the proposed direction. It directed:
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“All law enforcement agencies [are] directed to preserve CCTV or any other digital footage/material collected by them. Similarly, such material collected by the private party, this will also be attributed to them.”
During the hearing, Senior Advocate N Hariharan raised the issue of preserving CCTV footage in relation to detention centres. Senior Advocate Menaka Guruswamy also sought preservation of CCTV footage from 45 detention centres.
Justice Bagchi observed that the Court had already passed a general order covering law enforcement agencies and the preservation of evidence.
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“We have passed a general order that the law enforcement agents. All evidence CCTV needs to be preserved,” the court said.