‘Shameful’: Allahabad court rejects police’s ‘thunderstorm’ excuse for missing CCTV clips

The Allahabad High Court has harshly rebuked the Uttar Pradesh Police for failing to produce CCTV footage in a habeas corpus petition concerning illegal detention. The court ordered the release of a man detained without proper cause and directed the government to pay Rs 20,000 to the petitioners. In its ruling on November 3, the court expressed deep concern over the routine infringement of citizens' fundamental rights and civil liberties by the Uttar Pradesh Police.

The court stated that the situation in Uttar Pradesh is "shameful", with the police showing little regard for fundamental rights and civil liberties, which now appear to be a matter of routine.

The petition was filed by a rape victim who alleged that her father was illegally detained by a local police station in Bijnor on September 5. According to her, her father was lured to a hotel on June 26 by a classmate and distant relative, where he was allegedly drugged, sexually assaulted, and had obscene photos and videos taken.

When her family confronted him, the accused arrived with armed accomplices and threatened the family. Despite her father's immediate approach to the police, no action was taken. The police instead registered a cross-case of assault and criminal intimidation against her father and family members based on a counter-complaint filed by the accused.

The petitioners requested the court to produce CCTV recordings from 1 pm on September 5 to 10 am on September 7. The police claimed that the CCTV footage was unavailable due to a thunderstorm on September 5 that caused rainwater to damage the LAN cable in the CCTV system. However, the court firmly rejected this excuse, noting that such standard excuses are not acceptable and that the absence of CCTV footage leads to a legal presumption of unlawful custody.

The court also noted that the current in-charge of the police station deliberately withheld the relevant CCTV footage, and has recorded its displeasure, which will be entered into the service records of the in-charge. The state government is directed to consider the further continuation of the in-charge in his current post.