SCAORA has “unanimously and strongly condemned” the Delhi LG’s notification declaring police stations as venues for recording testimony. Lawyers warn it threatens judicial independence and public trust.
New Delhi: The Supreme Court Advocates-on-Record Association (SCAORA) has issued a strong statement against the recent notification released by the Lieutenant Governor of Delhi on 13 August 2025, which declared that police stations will be treated as “designated places” for recording depositions of police personnel through video conferencing.
In its official resolution dated 27 August 2025, the association said it
“unanimously and strongly condemns the notification dated 13.08.2025 issued by the Hon’ble Lieutenant Governor of Delhi, declaring police stations as designated places for recording the depositions of police personnel through video conferencing.”
Concerns Raised by SCAORA
The lawyers’ body stressed that the notification creates a serious issue of imbalance in the justice system. It explained that
“such a notification creates a perception of institutional imbalance, whereby the machinery of investigation is permitted to intrude upon and influence the solemn process of judicial proof.”
The resolution also highlighted that even if testimony is taken electronically, the environment where it is conducted has a deep impact on public trust. As the association put it,
“Even if conducted through electronic means, the venue and atmosphere of testimony matter significantly to the public’s faith in its independence.”
The statement made a clear distinction between the functioning of courts and police stations. According to SCAORA,
“Courts function as open public forums accessible to litigants, advocates and citizens, while police stations operate as restricted executive facilities where the controlled environment may raise concerns about evidence curation or undue influence.”
The association further expressed its disappointment that the notification was issued without proper dialogue or consultation with either the judiciary or the Bar.
“The Association also notes with regret that such a measure has been issued without prior dialogue or consultation with either the Judiciary or the representative bodies of the Bar, both of whom are essential stakeholders in the justice delivery system.”
Call for Withdrawal
In its concluding remarks, SCAORA has requested the Lieutenant Governor to reconsider the decision. It said,
“SCAORA urges the Hon’ble Lieutenant Governor of Delhi to immediately withdraw the said Notification, and to initiate a comprehensive consultative process involving the judiciary, the Bar, and other relevant stakeholders before contemplating any such procedural reforms in the future.”
Reiterating its commitment towards upholding constitutional principles and ensuring fairness in criminal proceedings, the body ended with a strong note:
“We reiterate our unwavering commitment to the protection of constitutional values, the independence of the judiciary, and the fair and transparent administration of criminal justice.”
The resolution was signed by Nihil Jain, Honorary Secretary, SCAORA.
Background of the Issue
The controversy began when the Lieutenant Governor’s office issued a notification allowing police testimony to be recorded directly from police stations via video conferencing.
The move was justified on grounds of convenience and efficiency, as it would reduce the time taken for police personnel to appear physically in court. However, the legal fraternity has expressed deep concerns about the impact of such a step on the fairness of criminal trials.
Traditionally, depositions and witness testimonies are recorded inside courtrooms under the supervision of judges.
This ensures transparency, neutrality, and a public environment where litigants, advocates, and the media can observe proceedings.
Allowing police stations—an arm of the executive—to be designated as venues for recording testimonies has raised questions about impartiality, influence, and the possibility of creating an environment favorable to the prosecution.
Lawyers’ associations, including SCAORA and the Delhi High Court Bar Association, have repeatedly warned that such practices may disturb the balance between investigation and judicial oversight.
The present resolution by SCAORA adds more weight to this ongoing debate, emphasizing that reforms in judicial procedure cannot bypass consultation with key stakeholders.
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