Today, On 6th September, BCI Chairman Manan Kumar Mishra urged the Delhi Bar Association to end its indefinite strike, stressing that repeated abstentions are causing grave hardship to litigants, under-trial prisoners, victims of crime, and advocates eager to perform professional duties.
Bar Council of India (BCI) Chairman and Senior Advocate Manan Kumar Mishra urged the Delhi Bar Association to postpone or withdraw its indefinite strike scheduled to begin on September 8, 2025, concerning the issue of police witnesses testifying via video conferencing from police stations.
In a detailed letter dated September 6, 2025, addressed to Delhi Bar Association President D.K. Sharma, Mishra acknowledged the genuine concerns raised by the Coordination Committee regarding the Delhi High Court’s notification from July 4, 2025, and the subsequent order from the Lieutenant Governor designating police stations as venues for video conferencing.
Mishra pointed out that the Union Home Minister had already constructively addressed these issues, assuring that the Bar’s concerns would be considered seriously.
Additionally, on September 4, the Delhi Police Commissioner issued a circular clarifying that only formal police witnesses would give testimony via video conferencing, while material police witnesses could still testify in person.
Courts may permit the physical examination of police witnesses upon a defense request.
Emphasizing that this would be the fourth or fifth strike of 2025, Mishra noted,
“Repeated abstentions from work are causing grave hardship to litigants, including under-trial prisoners and victims of crime, and also to those advocates eager to discharge their professional duties,”
He warned that frequent boycotts could undermine the profession’s credibility, especially given the Supreme Court’s stance that lawyers do not have the right to strike.
Mishra encouraged the Coordination Committee to avoid unnecessary disruptions and instead engage in a joint meeting with the Bar Council of India and the State Bar Council of Delhi, scheduled for September 8 at 5 pm at the BCI premises.
He stated,
“The more constructive way forward would be to build upon the concessions already secured and to discuss the matter with the highest representative bodies of the profession,”
He added that repeated strike calls risk exposing the Bar to “mockery or criticism” and might create the impression that associations strike without adequate cause.
He emphasized that maintaining the dignity and credibility of the Bar requires dialogue rather than repeated court work abstentions, and that the upcoming meeting offers a key platform for ensuring the Bar’s concerns are heard and acted upon.
Notably, the Coordination Committee of all District Bar Associations in Delhi announced an indefinite strike in all district courts, starting September 8, following a circular issued on September 4 by the Delhi Commissioner of Police.
Earlier, On September 2, a delegation from the Coordination Committee and the Bar Council of Delhi met with the Union Home Minister to voice their opposition to an August 13 notification from the Lieutenant Governor that designated police stations as the locations for police officials to present evidence.
Although the Home Minister assured that a clarification would be issued to prevent examinations from police stations, the lawyers’ body stated that the “recent circular is not in line with the final outcome and assurance given.”
After discussions, the agitation by lawyers against the August 13 notification was temporarily suspended on August 20, 2025, following the Home Minister’s agreement to meet with Bar representatives to address their concerns.
The controversial notification had faced opposition from lawyers, who labeled it as a “Kala Kanoon,” arguing that it undermined fair trial rights and disproportionately favored the police.
The Coordination Committee of All District Courts Bar Associations previously submitted objections to both the Delhi Chief Minister and the Lieutenant Governor, asserting that virtual depositions from police stations would diminish transparency and hinder meaningful cross-examination.
Lawyers across Delhi district courts abstained from work in protest against the Lieutenant Governor’s notification, deeming it illegal, arbitrary, and contrary to the principles of a fair trial.
Earlier, On September 3, 2025, a Public Interest Litigation (PIL) was filed in the Delhi High Court challenging the legality of the notification, asserting that it violated the right to a fair trial under Article 21 of the Constitution by allowing police officials to testify from their own official locations.
The Executive Committee of the Delhi High Court Bar Association condemned the LG’s notification, stating that,
“It ought to be withdrawn as it is against the basic tenets of justice and the principle of fair trial.”
The Supreme Court Bar Association (SCBA) also expressed strong opposition to the notification, describing it as “arbitrary, unlawful, and against the principles of natural justice.”
The SCBA warned that this measure not only undermines the integrity of judicial proceedings but also jeopardizes the fairness of the trial process.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
