Delhi lawyers protest a police letter proposing virtual examination of witnesses, calling it against fair trial principles. The bar council has declared an indefinite strike starting September 8.
New Delhi: On September 4, the Delhi Bar has strongly condemned a recent letter sent to the Principal District and Sessions Judges regarding the proposed virtual examination of police witnesses in courts. Following this, a major bar body has announced an indefinite and intensified strike by lawyers from September 8 onwards.
A communication from the Coordination Committee of all District Bar Associations of Delhi (district courts) said,
“An emergent meeting of the Coordination Committee of all District Bar Associations of Delhi (district courts) was held today after the circular (letter) from the office of the Commissioner of Police dated September 4 regarding examination of police witnesses via audio, video, and electronic means from police stations.”
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The statement added that earlier, a delegation comprising representatives of the Coordination Committee and the Bar Council of Delhi had met Union Home Minister Amit Shah on September 2 to express concerns of the legal fraternity over the notification issued by the Lieutenant Governor (LG) on August 13, which designated police stations in Delhi as the place to record evidence of police officials.
The committee’s communication explained,
“After deliberation and discussion, it was assured by Union Home Minister that an official correspondence or circular would be issued to clarify that the examination of police officials shall not take place from the police stations.”
However, the recent letter from the Commissioner of Police did not reflect this assurance. The statement said,
“However, today’s communication from the office of the Commissioner of Police is not in line with the final outcome and assurance given by the Union Home Minister to the delegation of the committee and representatives of the Bar Council.”
The committee further criticized the letter, noting,
“The communication strongly condemned the letter, saying it was not in line with Shah’s assurance and instead categorised formal and material witnesses, mentioned discretion about the appearance of witnesses, and left the whole jurisdiction of their physical appearance on the courts concerned.”
The statement clarified,
“These aspects were never discussed in the meeting,”
and was signed by the committee’s Chairman V K Singh and Secretary Anil K Basoya.
As a result, the committee declared,
“Accordingly, it is decided that there shall be complete indefinite abstention from work in all district courts of Delhi from Monday, i.e., September 8, and there shall also be agitation in more intensified manner against the arbitrary and illegal notification which is not only against the concept of free and fair trial but is anti-public and curtails the right of an accused to defend and the today’s circular be contrary to the assurance given by the Union Home Minister.”
The LG’s notification on August 13 had initially sparked protests by Delhi lawyers. The earlier strike began on August 22 and ended on August 28 after a meeting with representatives of Amit Shah and a statement from the Delhi Police Commissioner clarifying that the notification would become operational only after all stakeholders were heard.
There is also news that Delhi Police has written letters to the LG stating that they will carry out the examination of witnesses in courts.
Background
The office of the Delhi Police Commissionerate wrote a letter to the principal district and sessions judges regarding the use of virtual mode for presenting police evidence and examining witnesses in courts.
The issue arose after the Lieutenant Governor issued a notification on August 13, allowing police to present evidence virtually in courts. This decision led to protests from city lawyers, who went on strike from August 22.
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The strike ended on August 28 after a meeting with representatives of Union Home Minister Amit Shah and a clarification issued by the Delhi Police Commissioner. The commissioner had assured that the notification would only come into effect after all stakeholders were properly heard.
In its letter issued on Thursday, the Delhi Police made it clear that only certain categories of witnesses would be allowed to testify virtually.
The letter stated,
“Only formal police witnesses may be permitted to be examined through video-conferencing. The examination of material police witnesses may continue ta be conducted in physical mode, pending further consultations among various stakeholders.”
The police explained that this arrangement was being introduced with the aim of speeding up court proceedings and reducing unnecessary delays, while also ensuring that the examination of important witnesses remained effective and reliable.
The letter further added,
“Further in the event of any request from the defence counsel for examination of a police witness, in physical mode, the same may be considered by the learned presiding judge on merits.”
The communication, signed by Special Commissioner of Police (Crime) Devesh Chandra Srivastva, highlighted that this step was meant to bring balance to the new system of virtual hearings. He wrote that the arrangement would help in achieving smoother proceedings.
The letter said it would facilitate a “smooth and balanced” implementation of the new progressive rules under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allow virtual examination of witnesses.
The letter was also forwarded to different bar associations and to the registrar of the Delhi High Court. It cited the relevant laws and notifications which allow the use of electronic communication in legal proceedings.
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