‘Kaala kanoon wapas lo’: Delhi lawyers continue strike against virtual police deposition

Calling the move unfair to those accused in criminal cases, as it can compromise the integrity of the judicial process, lawyers had unanimously decided to abstain from work on Friday and Saturday. On Monday, they decided to extend their strike till Tuesday.

“This is the first time that not a single police van has entered the court premises. Today, there are no police officers inside,” said advocate Tarun Rana, Secretary of the New Delhi Bar Association.

Rana, who is standing outside a Cafe Coffee Day, was surrounded by two dozen lawyers — some fresh out of college and others who are perhaps as old as the court complex itself.

“We’re not fighting for ourselves… we’ll get our fees anyway. We’re on the streets for the public,” said Rana. “No court can run without advocates… we will keep protesting till the notification is withdrawn.”

As per the notification, Delhi Police officers have been allowed to provide evidence to the court via videoconferencing from police stations, a departure from the current requirement for officers to be physically present in court.

This reform was made under the draft model rules (Nyaya Shruti) on video conferencing under the Bharatiya Nagarik Suraksha Sanhita, which recommends for inclusion of police stations as a “designated place” for deposition through video conference for police personnel/officers.

Rana, however, pointed to a circular issued by the central government’s Home Secretary on July 15, 2024, which read: “In this regard, it is clarified that… police stations or the place under the control of the Police Department may not be designated as a place for examination of witnesses through audio-video electronic means.”

Explaining why they’re opposed to the move, Rana said, “Suppose there are two police witnesses, which we (defence counsel) are examining one after the other… one of them is made to stay outside court. He doesn’t know what we’re asking the other witness. This way, we can verify and point out contradictions in statements of police witnesses.”

“But virtual appearance always leaves space for manipulation,” he added.

At Saket Court, a 100 metres away from gate number three, lawyers were raising slogans despite the rain. As the intensity increased, their shouts got louder. “Vakeel ekta zindabad (Long live lawyer’s unity),” they shouted in unison.

Advocate Dhir Singh Kasana, who was leading the protests outside the court premises, said, “This notification is anti-public. If police start giving evidence from stations, the public will be harmed the most.”

A few kilometres away was Rouse Avenue Court, its entrances blocked by advocates standing behind a criss-cross of white and yellow barricades. They were holding red and white banners, with “kaala kanoon wapas lo (take back the black law)” written on them.

“Our strike will go on… today is the third day. Slowly, we will win and the government will have to withdraw the notification,” said advocate Vijay Bishnoi, secretary of the court’s Bar Association.

“This will allow police, who are often stakeholders in investigations, to give testimonies without appearing in court, potentially compromising the integrity of the judicial process.”

Back at Dwarka Court, police officers and public prosecutors had been informed beforehand that the court proceedings were halted. A few prosecutors who showed up nonetheless were asked to turn back.

“Members of the Coordination Committee spoke to Delhi’s Chief Minister at 9.30 am. She assured us that our issues will be looked into. We will fight till the notification is withdrawn,” said advocate Avnish Rana, President of the Dwarka Bar Association.

Tis Hazari Court, which has a daily footfall of around 40,000, wore a deserted look. Its lawyers were either in chambers or protesting outside the court building.

“These corridors are usually filled with chatter. I’ve never seen these halls so silent,” said a court reader.

“No accused is being produced physically today. Lawyers are also scared to enter courtrooms… they will get threats if they do so. Everyone is very united this time,” the staff said.

Editor's Choice

‘Bangladeshis can also be here (in Assam)’: Ex-Planning Commission member’s remark sparks firestorm in state, Himanta calls it ‘Jinnah’s dream’

‘On humanitarian grounds’: India alerted Pakistan about ‘high flood’ in Tawi amid suspension of Indus Waters Treaty

PM Modi’s degree is ‘personal information’, Delhi University does not have to disclose: High Court