Document Fragment View

Matching Fragments

Manikrao Shivaji Kokute, (2010) 4 SCC 329, Tumaso Bruno & Anr. Va State of Uttar Pradesh, (2015) 7 SCC 178; Mohd. Ajmal Amir Kasab Vs State of Maharashtra (2012) 9 SCC 1 and State (NCT of Delhi) Vs Navjot Sandhu, (2005) 11 SCC

2) Provide probono publica only the CCTV footage with audio of my tenant. D. Lavanya Sundari from all the cameras installed at all entry and exit points, main gate of Police Station, all corridors, lobby/reception area, all verandas/outhouses, Inspector's room, Sub Inspector's room, areas outside the lock up room, station hall, in front of the Police Station compound, outside washroom/toilets, Duty Officer's room, back part of the Police Station etc. mandated by the Apex Court in his judgment dated 02/12/2020 in the matter of Special Leave Petition (Criminal) No. 3543 of 2020 ( Paramvir Singh Saini -Vs- Baljit Singh & Others) whereby threshold admissibility with regard to Section 65 8 of the Indian Evidence Act, relevancy, Contemporaneous certification, compatibility. Most standard of proof of its authenticity, accuracy to be more stringent than other documentary evidences and production of electronic evidence subject to safe guards adopted by the Court, working condition of CCTV Cameras, continuous monitoring of maintenance and upkeep of CCTV and its equipment, CCTV data maintenance, backup of data, fault recitation securing, preservation and storage of CCTV Camera footage with a for a peed of 18 months, authenticity, prevent manipulation, digital images to be retained on State's server as permanent record and re-mail back to the Police Station lor further use videography to be done on Best effort basis, set up of Central Server, Forensic Science laboratory report, preparation of standard operating system, oversight mechanism whereby an independent committee can study CCTV camera footages and periodically publish report of its observations to send monthly report the State Level Oversight to send monthly report to the State Level Oversight Committee (SLOC), adverse inference against prosecution under section 114(g) of the Indian Evidence Act, 1872 for withholding of best evidence etc. also discussed in furtherance of the Fundamental Rights of each citizen of India which includes the applicant as well guaranteed under Article 21 of the Constitution Of India regarding which information required whether my tenant D. Lavanya Sundari entered with cause or not required CCTV footage of Dated 14/08/2024 from 3.30 PM to 4.30 PM whereof provided with new Legal Size Paper (21.59 X 35.56 Cm.) and Xerox facility in the PS. Aberdeen to write complaint whilst SHO was in the premise with footage of the officials who provided the Legal Size Paper and provide Xerox facility et cetera guided her ipso facto is a State Sponsored heinous act against the applicant ex facie is in violation of Human Rights whether report of Human Right Violation against the applicant intimated in monthly report to the State Level Oversight Committee (SLOC) and District Level Oversight Committee required information with HASH Value Analysis of Hard Disc Drive in comparison to data recovered and to be provided to the applicant, Meta Data Details, Chain of Custody, Contemporaneous Certification, Login Credentials or Password of Custodian of device, Daubert Tests, Perfect working condition of hardware, software and accessories; Date and Time Stamp, clone copy of CCTV footage with Forensic Analysis Report including comparison of frames of D. Lavanya Sundari the Pseudo IPS Cadre from the footage of 14/08/2024, JPEG Image data of the day, EXIF File data of the day, IPTC File data of the day, 8 BIM files data of the day, ICC files data of the day, GPS Coordinate of the day, Image Metadata details of the day along with CCTV footage, make, model & serial number of Hard Drive; make, model & serial number of DVR/NVR; Analog or Digital, Digital, HASH value of Random Access Memory, the make, serial number and model of the computer, the details of the software used for the transfer of the data, system information, details of printer, details of download. the evidence detailing a computer program used to produce electronic record, elaborate description of the hardware of the computer, information about the operation of the system, security measures, anti malware, firewall system, access control, measures taken by the proponent to ensure the accuracy of the input as well as data processing and output, procurement, acquisition, identification, preservation, collection, examination, analysis, presentation, photos of physical evidence, documentation of date and time, make and model of CCTV system and the number of cameras and other technical details, number and type of computer, identities of the system administrator and its user, identification and documentation of the nature and capacity of media including external media and any other storage media, details of OS and its version, memory capacity of the storage device by immediately stopping the future recording so as to loss of relevant footage, status of the exact Real time clock including camera time, IP Chip time or DVR time, extract of relevant footage in its native format or the proprietary format of the manufactures, comparison of the original with the copy to be provided to the Applicant, mirror image by matching the HASH TEST analysis, digital signature of each devices with contemporaneous certification, brief description of steps taken during examination such string searches, graphics image searches and recovering deleted files, 'letter of authority, program, data entry process, the presence or absence of application controls over the electronic data processing system, presence or absence of system security, 'SINGER PROPOSAL', reliability of the system, reliability, integrity, accuracy and completeness of input data; reliability and security of the output. absence of transmission error, throughout the material part of the said period the system was operating properly, regular use, probative value. opinion of examiner, subcutaneous memory, HASH value of data transfer to CD or DVD from DVR, Data Cable details, lawful possession, Control and Safe Custody; Proper Operation during the ordinary course of activity, duration details, details of multiple copy, HASH value of Post acquisition and at the time of acquisition, details of CMOS time, of all the cameras to be stored in Faraday Bag as mandated by the Apex Court in plethora of Judgment regarding providing certificate along with certificate prescribed under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 as mandated under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 and with Note of caution to file Affidavit if refused 'that the information could be denied to the Parliament hence shall be also denied to applicant' as mandated under the proviso of section 8 of the 'Right to Information Act, 2005 furthermore reasons to be provided for its Administrative or quasi judicial decisions to the affected persons as defined under clause (i) sub section (8) of section 7; clause (d) sub section (1) of section 4 and sub section (6) of section 19 of the Right to Information Act, 2005; to file Affidavit under clause (c) of sub section (3) of section 18 and with a request to preserve the electronic records as mandated under section 7 of Information and Technology Act, 2000 read with section 241 of the Bharatiya Nyaya Sanhita, 2023.

7) In the matter of Special Leave Petition (Criminal) No. 3543 of 2020 ( Shri. Paramvir Singh Saini -Vs- Baljit Singh and Others) the Apex Court on 02nd Dec. 2020 has held that compliance Affidavit and Action Taken Reports has been filed by the Union Territories of Andaman & Nicobar till 24/11/2020 whereby it was held that threshold admissibility with regard to Section 65 B of the Indian Evidence Act, relevancy, Contemporaneous certification, compatibility, standard of proof of its authenticity, accuracy to be more stringent than other documentary evidences and production of electronic evidence subject to safe guards adopted by the Court, working condition of CCTV Cameras, continuous monitoring of maintenance and upkeep of CCTV and its equipment, CCTV data maintenance, backup of data, fault rectification; securing, preservation and storage of CCTV Camera footage with audio for a period of 18 months, authenticity, prevent manipulation, digital images to be retained on State's server as permanent record and re-mail back to the Police Station for further use, videography to be done on Best Effort' basis, set up of Central Server, Forensic Science Laboratory Report, preparation of standard operating system, oversight mechanism whereby an independent committee can study CCTV camera footages and periodically publish report of its observations, to send monthly report to the State Level Oversight Committee (SLOC), adverse inference against prosecution under section 114(g) of the Indian Evidence Act, 1872 for withholding of best evidence etc. also discussed in furtherance of the Fundamental Rights of each citizen of India guaranteed under Article 21 of the Constitution Of India hence requested to provide the electronic evidence as available in the Hard Disc Drive, Random Access Memory, Login Credentials of Custodian of CCTV camera, Digital Video Recorder of CCTV Camera and its accessories etc. at the time as available before the direction of Apex Court made in Special Leave Petition (Criminal) No. 3543 of 2020 (Shri. Paramvir Singh Saini -Vs- Baljit Singh and Others) and facility of re- mail back to the Police Station for further use, required with HASH Value Analysis of Hard Disc Drive in comparison to data recovered and to be provided to the applicant, Meta Data Details, Chain of Custody, Contemporaneous Certification, Login Credentials or Password of Custodian of device, Daubert Tests, Perfect working condition of hardware, software and accessories; Date and Time Stamp, clone copy of CCTV footage with Forensic Analysis Report including comparison of frames of individual with CCTV footage since installation, JPEG Image data each day, EXIF File data each day, IPTC File data day, 8 BIM files data each day, ICC files data each day, GPS Coordinate each day, Image Metadata details of each day along with CCTV footage. make, model & serial number of Hard Drive; make, model & serial number of DVR/NVR; Analog or Digital, HASH value of Random Access Memory, the make, serial number and model of the computer, the details of the software used for the transfer of the data, system information, details of printer, details of download, the evidence detailing a computer program used to produce electronic record, elaborate description of the hardware of the computer, information about the operation of the system, security measures, anti malware, firewell system, access control, measures taken by the proponent to ensure the accuracy of the input as well as data processing and output. procurement, acquisition, identification, preservation, collection. examination, analysis, presentation, photos of physical evidence, documentation of date and time, make and model of CCTV system and the number of cameras and other technical details, number and type of computer, identities of the system administrator and its user, identification and documentation of the nature and capacity of media including external media and any other storage media, details of OS and its version, memory capacity of the storage device by immediately stopping the future recording so as to loss of relevant footage, status of the exact Real time clock including camera time, IP Chip time or DVR time, extract of relevant footage in its native format or the proprietary format of the manufactures, comparison of the original with the copy to be provided to the Applicant, mirror image by matching the HASH TEST analysis, digital signature of each devices with contemporaneous certification, brief description of steps taken during examination such string searches, graphics image searches and recovering deleted files, 'letter of authority, program, data entry process, the presence or absence of application controls over the electronic data processing system, presence or absence of system security, 'SINGER PROPOSAL. reliability the system, reliability, integrity, accuracy and com of completeness of input data; reliability and security of the output, absence of transmission error, throughout the material part of the said period the system was operating properly, regular use, probative value, opinion of examiner, subcutaneous memory, HASH value of data transfer to CD or DVD from DVR, Data Cable details, lawful possession, Control and Safe Custody; Proper Operation during the ordinary course of activity, duration details, details of multiple copy, HASH value of Post acquisition and at the time of acquisition, details of CMOS time, of all the cameras to be stored in Faraday Bag as mandated by the Apex Court in plethora of Judgment regarding providing certificate along with certificate prescribed under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 as mandated under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 and with Note of caution to file Affidavit if refused 'that the information could be denied to the Parliament hence shall be also denied to applicant' as mandated under the proviso of section 8 of the 'Right to Information Act, 2005 furthermore reasons to be provided for its Administrative or quasi judicial decisions to the affected persons as defined under clause (i) sub section (8) of section 7; clause (d) sub section (1) of section 4 and sub section (6) of section 19; to file Affidavit under clause (c) of sub section (3) of section 18 of the Right to Information Act, 2005 and with a request to preserve the electronic records as mandated under section 7 of Information and Technology Act, 2000 read with section 241 of the Bharatiya Nyaya Sanhita, 2023.