Ankit Chauhan v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPCRL/1194/2026 Ankit Chauhan --Petitioner Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J.

Mr. Sagar Kothari, learned counsel for the petitioner.

Mr. Pradeep Lohani, learned A.G.A. for the State of Uttarakhand.

¶2The present Criminal Writ Petition has been filed seeking the following reliefs: "(i) To issue a writ, order or direction in the nature of mandamus directing respondent nos. 1 and 2 to take appropriate action against respondent nos. 3 and 4 after conducting an enquiry;

(ii) To issue a writ, order or direction in the nature of mandamus directing respondent no. 2 to ensure preservation of the CCTV footage of Police Station Prem Nagar, District Dehradun, pertaining to the period from 15.05.2026 to

30.05.2026 and to provide the same to the petitioner; and

(iii) To issue a writ, order or direction in the nature of mandamus directing respondent no. 1 to decide the application submitted by the petitioner (Annexure No. 6 to the writ petition)."

¶3Learned counsel for petitioner submitted that the petitioner has already submitted an application before respondent no. 1 requesting preservation and supply of the CCTV footage of Police Station Prem Nagar, District Dehradun. However, the said application is still pending consideration.

¶4After arguing the matter at some length, learned counsel for the petitioner submitted that, at this juncture, he does not wish to press prayer nos. (i) and (iii), and confines the present writ petition only to prayer no. (ii), whereby a direction has been sought to respondent no. 2 to preserve and provide the CCTV footage of Police Station Prem Nagar,

District Dehradun, for the period from

15.05.2026 to 30.05.2026.

¶5In support of his submissions, learned counsel for the petitioner has placed reliance upon the judgment of the Hon'ble Supreme Court in Paramvir Singh Saini vs. Baljit Singh and Others, reported in (2021) 1 SCC 184, particularly paragraph thereof, wherein directions have been issued to the SLOC and the COB, wherever applicable, to ensure that all police stations and investigating/ enforcement agencies prominently display information regarding CCTV surveillance and that the CCTV footage is preserved for a minimum period of six months, with the victim having a right to seek preservation of such footage in cases involving violation of human rights. Paragraph 21 reads as under: "21. 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 police stations/offices of investigative /enforcement agencies about the coverage of the premises concerned 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."

¶6Learned counsel for the petitioner has further drawn the attention of this Court to paragraphs 16 and 17 of the aforesaid judgment, wherein the Hon'ble Supreme Court has directed all the States and Union Territories to ensure installation of CCTV cameras in every police station and at all vulnerable locations within the police station

premises so that no area remains uncovered. The Hon'ble Supreme Court has further directed that the CCTV systems must be equipped with night vision, as well as audio and video recording facilities and that the recordings should be preserved for the maximum possible period, ordinarily not less than one year and, wherever feasible, up to eighteen months. Paragraphs 16 and 17 are reproduced hereunder: "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 verandahs/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.

¶17CCTV 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."

¶7Having heard learned counsel for the petitioner and upon perusal of the material available on record, this Court finds that the Hon'ble Supreme Court in Paramvir Singh Saini (supra) has emphasized the necessity of preservation of CCTV footage and has recognized the right of an aggrieved person to seek preservation of such footage in appropriate cases.

¶8In view of the aforesaid, and without expressing any opinion on the merits of the petitioner's allegations, this Court deems it appropriate to direct the Station House Officer, Police Station Prem Nagar, District Dehradun, to ensure preservation of the CCTV footage pertaining to the period from

15.05.2026 to 30.05.2026, in accordance with law.

¶9It is made clear that this Court has not expressed any opinion with regard to the petitioner's entitlement to obtain a copy of the CCTV footage, and the same shall be governed by applicable statutory provisions and the law laid down by the Hon'ble Supreme Court.

¶10With the aforesaid observations and directions, the present Criminal Writ Petition stands disposed of.

(Alok Mahra, J.) 14-07-2026 SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c2 4b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD 9, cn=SHIKSHA BINJOLA Date: 2026.07.14 16:13:50 +05'30'