‘Archaic, can promote police raj’: Delhi’s lawyers to go on strike today oppose L-G order

“No advocate shall appear either in physical or through virtual mode before courts. All the advocates are requested to cooperate. If any advocate is found appearing before any court either physically or virtually, strict action shall be taken,” the circular, signed by advocates VK Singh, Chairman of the committee, and Anil Kumar Baisoya, Secretary General, added.

On Tuesday, the committee also stated that it was giving 48 hours to the government to withdraw the order, which they thought was “archaic” and “anti-justice”.

As per the notification, Delhi Police officers have been allowed to provide evidence to court via videoconferencing from police stations. This marks a departure from the current requirement for officers to be physically present in court. The government said it was done to save time and resources.

“This notification is against lawyers, against the judicial system, and against public interest. It will paralyse the trial process and obstruct the delivery of justice,” said advocate Tarun Rana, Secretary of the New Delhi Bar Association and Additional Secretary General of the committee.

Bar Associations across Delhi have stated that they will launch an agitation, “including taking it to the streets”, if the notification is not withdrawn.

“Provision of evidence is to elicit the truth which is possible only when it is conducted in a fair and transparent manner; putting the witness before the judge. If the deposition of any police official is conducted sitting away from the court and that too from a police station, there is every possibility of manipulation of testimony… it is somewhat promoting an archaic kind of police raj,” Dwarka Bar Association President advocate Avnish Rana said.

“Lawyers’ concerns are very genuine… recording of police depositions from police stations is against the constitutional right of fair trial. This issue was raised earlier as well … despite the Home Secretary’s assurance, this notification was issued,” former chairman of the Bar Council of Delhi, KC Mittal, said.

“In this regard it is clarified that…police stations or the place under the control of Police Department may not be designated as place for examination of witnesses through audio-video electronic means,” a circular issued by the Home Secretary had stated on July 15, 2024.