The Bar Council of India has demanded withdrawal of Delhi LG’s August 13 notification, saying “evidence can only be recorded in the court in the physical presence of the witness.” Lawyers continue strike, calling the order “arbitrary.”
New Delhi: On August 25, the Bar Council of India (BCI) strongly opposed the Delhi Lieutenant Governor’s notification dated August 13, 2025, which allows police officials in the capital to record their evidence through video conferencing from their respective police stations instead of physically appearing in court.
In a formal letter dated August 25, 2025, addressed to the Lieutenant Governor of Delhi, the Bar Council of India, a statutory body under the Advocates Act, 1961, expressed “serious concern” over the move.
The council said that while it understands the need for speedy trials and the use of technology to ease the burden on law enforcement, the notification in its current form
“would significantly compromise the rights of the accused and the integrity of trial proceedings.”
The BCI stressed that
“evidence can only be recorded in the court in the physical presence of the witness.”
It added that the physical presence of witnesses is a crucial part of ensuring a fair trial and that allowing police witnesses to testify from within police stations could affect the credibility of their testimony.
The letter further pointed out that
“the right to a fair trial is a cornerstone of our legal system. Part of that fairness is the physical presence of a witness in court. When a witness testifies from a police station—a space controlled by the very same department that’s investigating the case—it can undermine the credibility and spontaneity of their testimony.”
Highlighting the importance of cross-examination, the BCI noted,
“effective cross-examination is vital for uncovering the truth. It’s difficult to properly question a witness, identify and confront documents, or even note their expressions and body language over a video conference. A witness’s demeanour tells a lot.”
The council also raised concerns about judicial oversight, saying that
“moving testimony outside the courtroom diminishes the judge’s control over the proceedings and creates a risk of procedural mistakes.”
The BCI said it was
“surprised and disappointed that the Bar Council, a major stakeholder in the justice system, was not consulted before this notification was issued.”
It emphasized that while it supports technological progress,
“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. This ensures that we find a balance between efficiency and fairness.”
The letter concluded with a direct appeal to the Lieutenant Governor:
“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 was signed by Ved Prakash Sharma, Co-Chairman of the Bar Council of India, and Manan Kumar Mishra, Senior Advocate of the Supreme Court, Chairman of the BCI, and a Member of Parliament (Rajya Sabha).
Meanwhile, the controversy has sparked widespread protests in Delhi’s district courts. Lawyers across all district courts in the capital have been on strike since August 22, and they announced that they will continue their agitation.
According to Tarun Rana, Additional Secretary General of the Coordination Committee of All District Courts Bar Associations of Delhi,
“a meeting of the committee was held on August 25. Though a meeting was held with the Chief Minister of Delhi but no concrete result has been received yet. Thus, it has been unanimously decided to completely abstain from work on August 26 in all district courts of Delhi.”
Rana added that
“public prosecutors, prosecutors of the Enforcement Directorate and CBI and police officials, including naib courts, would not be allowed to enter courts on Tuesday.”
He further said,
“since the impugned notification is against the public at large, there shall also be demonstrations on August 26 outside all the district court complexes to make the public at large aware of this arbitrary notification.”
On Monday, lawyers across Delhi’s district courts had already abstained from work, continuing their strike that began on August 22.
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