The mindset of the police to look at every individual with suspicion and to monitor each and every activity by installing closed circuit television (CCTV) cameras in every other place possible is quite disturbing. Such a mindset is the root cause of all human rights violations, and to take a stand that the right to privacy must be superseded by suspicion is certainly untenable, the Madras High Court has said.
Justice Krishnan Ramasamy wrote so while disagreeing with the view of the Director-General of Police (DGP) that the installation of CCTV cameras should be made mandatory in all places except restrooms, both inside and outside clubs and recreation centres, in order to prevent gambling. The judge said all members could not be put under surveillance for the illegalities committed by a few.
He pointed out that many private clubs and recreation centres offer various facilities like dining, walking and jogging area, swimming pool, outdoor/indoor sports, bar for consumption of alcohol, smoking area and play area. People visit these clubs for relaxation. Some play card games such as rummy and poker to pass the time, and as a game of skill. Only a few play these games with stakes.
“These violators could be handled appropriately under the Tamil Nadu Gaming Act of 1930, which empowers officers in the rank of Assistant Commissioner of Police or Deputy Superintendent of Police to raid clubs on reasonable suspicion, or to authorise officers, not below the rank of Sub-Inspector of Police, to do so. CCTV cameras could also be installed at the entry and exit points and in the play area,” the judge said.
He, however, disapproved of the DGP’s idea to install them in all places in every club. “Suspicion, howsoever strong, cannot take the place of proof. Today, many persons, including families, visit clubs and avail [themselves of] facilities like swimming pool, dining and restaurant, walking area, indoor and outdoor games, steam bath and bar. They come to unwind and spend some quality time with friends and family.
“To cast a doubt on every single person entering the club, thinking they might commit an offence, and subject them to complete CCTV surveillance does not have any rational or objective basis. To brand every single person entering a club as capable of committing an offence of gaming for profit/betting/wagering is indicative of the narrow and archaic mindset of the police,” Justice Ramasamy said.
He pointed out that the suggestion of installing CCTV cameras inside clubs had actually emanated from another judge of the High Court while passing interim orders in the present writ petitions, filed by a couple of clubs in Chennai and Kancheepuram districts, alleging police harassment. Responding to the suggestion, the DGP had said the cameras could be fixed at all places, except toilets.
Taking up the writ petitions for disposal, Justice Ramasamy ordered that the cameras should be installed only at the entry and exit points and in the play area. He also directed the police not to interfere with lawful activities inside the clubs.
