A Public Interest Litigation (PIL) has been filed before the Delhi High Court challenging an August 13 notification issued by the Lieutenant Governor of Delhi by which all police stations in Delhi were declared as “designated places” for deposition of police officers through video conferencing [Kapil Madan v. Lieutenant Governor of Delhi & Ors].
The petitioner, Advocate Kapil Madan has challenged the legality of the notification on the grounds that it “strikes at the very root of the right to fair trial under Article 21 of the Constitution, by authorising prosecution witnesses, i.e., police officials, to depose from within their own official precincts.”
The plea states that the notification violates Article 14 (right to equality) of the Constitution for arbitrarily creating an unreasonable classification by permitting police witnesses to enjoy the convenience of testifying from their offices.
Further, it is stated that the notification undermines the judiciary and is contrary to criminal procedure, the principle of separation of powers and the Delhi High Court Video Conferencing Rules, 2020.
“By unilaterally designating police stations as deposition centres, the Executive has usurped judicial powers, thereby violating Article 50 which mandates separation of judiciary from executive,” the PIL states.
Moreover, it is argued that allowing police officers to testify from police stations creates a risk of witness tampering, coaching and a break in the chain of evidence as a police witness can easily be tutored or coached by their superiors or colleagues.
The petition drafted by Advocates Gurmukh Singh Arora and Ayushi Bisht seeks quashing of the notification.
The matter is likely to be heard tomorrow.
Lawyers at Delhi's district courts have been on strike over the issue since August 22. The strike will continue on Wednesday, August 27.
"All the advocates are requested to cooperate. If any advocate is found appearing before any court either physically or virtually, strict action shall be taken," the Coordination Committee of the All District Bar Associations of Delhi said while calling the strike.
On August 20, the Coordination Committee also wrote to the LG and the Central government, requesting the withdrawal of the notification.
"From a procedural standpoint, when an officer deposes from within his own police station, there can be no assurance that he is not aided by undisclosed notes, documents, or external inputs. Such a setting inherently lacks neutrality and renders the deposition susceptible to manipulation. Further, the handling and presentation of physical evidence, such as weapons or seized articles, cannot be carried out effectively in such remote circumstances, thereby compromising the evidentiary process and the fairness of trial," the lawyers had said in their representation.
However, since the government did not withdraw the notification, the lawyers' body decided to go on strike.
Yesterday, the Bar Council of India (BCI) wrote a letter to the LG and expressed concerns that the notification goes against the tenets of a fair trial and lowers the efficiency of cross-examinations.
The BCI has also expressed disappointment in not being consulted before such a notification was issued.
The Supreme Court Bar Association (SCBA) and the Delhi High Court Bar Association (DHCBA) have also expressed their concerns about the notification, stating that the same is unlawful, arbitrary and against the principles of natural justice.