New Delhi, August 25: The Bar Council of India (BCI) has strongly opposed the Delhi Lieutenant Governor’s recent notification permitting police officials to testify from police stations via video conferencing. In a letter to LG VK Saxena, the BCI termed the August 13 order a direct threat to natural justice and the right to a fair trial.
BCI Chairman and Rajya Sabha MP Manan Kumar Mishra, along with Co-Chairman Ved Prakash Sharma, urged the immediate withdrawal of the notification. While acknowledging that technology can expedite criminal proceedings, the Council warned that allowing testimonies from locations controlled by the investigating agency compromises the credibility and independence of evidence.
“Evidence must be recorded in a courtroom in the physical presence of the witness,” the letter stated, emphasizing that police testimony in a neutral judicial environment is essential for fairness and transparency.
The BCI outlined three key objections:
- Fair trial concerns: Testimonies must be free from external influence.
- Impact on cross-examination: Video-based examinations hinder lawyers from effectively confronting documents, observing demeanour, and assessing body language.
- Reduced judicial oversight: Moving depositions out of the courtroom increases the likelihood of procedural lapses.
The Council also criticised the government for bypassing legal stakeholders in framing the policy, calling the lack of consultation “surprising and disappointing.”
While reaffirming its support for technological reforms, the BCI insisted that such measures must involve meaningful discussions with the Bar, the judiciary, and other stakeholders to ensure that efficiency does not come at the expense of justice.
Declaring the notification a regressive step for the justice system, the BCI demanded its immediate withdrawal.
