P&H High Court asks Haryana to respond to PIL against allowing police witnesses to testify from stations

The Punjab and Haryana High Court on Tuesday asked the Haryana government to respond to a petition challenging a notification that designates the police headquarters and police stations as 'designated places' for online examination of witnesses in criminal trials.

The bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry remarked that there appeared to be some inadvertent mistake on part of the State.

"You may seek instructions. We will keep it pending," the Court told a government counsel, while adjourning the matter to December 18.

The government notification has been challenged by a Panchkula-based advocate Harish Mehla.

In the plea, he has argued that witness examination and recording of evidence are inherently judicial, and must occur within spaces that remain under judicial authority and free from executive influence.

"Permitting witness examination from inside police premises eradicates statutory safeguards, compromises neutrality, and exposes police witnesses to risks of coercion, intimidation, or coached testimony. Empirical data from the NCRB, NHRC, and CHRI consistently documents serious custodial abuse and misconduct within police stations, demonstrating that such locations are fundamentally unsuitable for any component of a judicial proceeding," Mehla said in the plea.

Advocate Arjun Sheoran, representing Mehla before the Court, today submitted that Central government had written to the States that under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police stations or any place under the control of Police departments may not be designated as place for examination of witnesses through audio-video electronic means.

Sheoran said that Chandigarh Administration and UT Chandigarh had complied with the Central government instructions.

"Unfortunately, somehow it seems the State of Haryana did not get the memo," he added.

In response, a counsel representing the Haryana government said that the petitioner may move a representation in this regard.

"We will consider and we will do accordingly... it is clear. This can be done, I will seek instructions" the counsel said.

Sheoran, however, said no representation was made. Highlighting the seriousness of the situation, he said that at present cops sitting in police stations were deposing before trial courts.

The Court then said it will dispose of the petition with a liberty to the petitioner to make representation to the State. However, Sheoran said,

"Let them come back with instructions because till then, the policemen are still deposing from the police stations and that it is a serious problem. There is a problem of being tutored etc."

Chief Justice Nagu then asked the State counsel to seek instructions by next date of hearing.