Delhi court directs police to preserve CCTV clips after rape accused claims illegal arrest

New Delhi: A Delhi court has directed the preservation of CCTV footage after a man facing charges of rape and causing miscarriage of a woman without consent claimed he was arrested illegally by police.

Additional chief judicial magistrate Siddhant Sihag was hearing the plea of the accused, a commercial pilot, saying the police arrested him without following the requisite legal procedures, including videographing the proceedings of his arrest and interrogation.

He alleged of being kept in illegal custody and accused the investigating officer of preparing back-dated documents, indicating foul play on the part of the police officials who were said to be hands in glove with the complainant.

"It is of the utmost importance that the said CCTV footage (of the police station, the accused’s home and near a courtroom in Patiala House district court) be preserved in order to prove the malafide and illegal acts committed by the police officials of police station Vasant Kunj," said the plea filed by advocates Sanjay Sharma and Karan Sachdeva.

In its order on December 22, the court noted Sharma's submissions that he would be moving a plea before the Delhi High Court for preserving the footage inside the court premises.

"I am inclined to partly allow the application…," the judge added, "issue notice to the station house officer (SHO) to preserve the CCTV footage of cameras in Vasant Kunj South police station from 10 am to 5 pm on November 21." The judge further directed that the recordings in the CCTV cameras installed at the accused’s home between 8 am and 11 am on November 21 be preserved.

The police had registered an FIR against the pilot under various provisions of the Bharatiya Nyaya Sanhita, including Sections 63 (rape), 70 (gang rape) 75 (sexual harassment) 74 (assault or criminal force to a woman with intent to outrage her modesty) and 89 (causing miscarriage without a woman’s consent).