BCI writes to Delhi LG to withdraw notification allowing police officials to testify from police station

The Bar Council of India (BCI) has written a letter to the Lieutenant Governor (LG) of Delhi seeking the withdrawal of a notification dated August 13 that allows the Police Stations in Delhi to be the designated places for recording evidence for the purpose of criminal trials.

In the letter, BCI expressed concerns that the notification goes against the tenets of a fair trial, leading to a lack of judicial control, thereby lowering the efficiency of cross-examinations. 

The BCI has also expressed disappointment in not being consulted before such a notification was issued.

“We were surprised and disappointed that the Bar Council, a major stakeholder in the justice system, was not consulted before this notification was issued. We are committed to technological progress, but we firmly believe that such significant changes to our criminal procedure should only be made after a collaborative discussion involving the Bar, the Judiciary, and other key stakeholders,” the letter stated.

It has, therefore, called for the withdrawal of the notification.

"We therefore request the immediate withdrawal of the said notification and ensure that all police officials' evidence is recorded with their physical presence in the court," the letter said.

Lawyers at Delhi's District Courts have been on strike over the issue since August 22. The strike is expected to continue today as well.

"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 All District Bar Associations of Delhi had added while calling the strike.

The lawyers' association has said that the notification means police officials can depose and present evidence from the police stations through video conferencing.

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.

The Supreme Court Bar Association (SCBA) and 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.

[Read BCI's letter]