New Delhi: Lawyers practicing in district courts in Delhi plan to step up protests starting Monday after the Delhi Police requested the courts to allow examination of formal police witnesses remotely from police stations.
The request comes despite assurances by Union Home Minister Amit Shah to Bar representatives during a meeting on Tuesday, the Coordination Committee of the All Delhi Bar Associations said on Thursday.
The announcement of an indefinite strike, along with intensified protests, came hours after the Delhi Police sent letters to all 12 district courts in Delhi, seeking permission to let formal police witnesses depose from police stations.
The committee condemned the police letter, saying it was “not in line with the assurance given by the Union Home Minister, as it categorizes formal and material witnesses” and gives discretion over physical appearance to the concerned court.
“It is decided that there shall be complete indefinite abstention from work in all District Courts of Delhi from Monday i.e. 08.09.2025 and there shall also be agitation in more intensified manner against the arbitrary and illegal notification which is not only against the concept of free and fair trial but is anti-public and curtails the right of an accused to defend and the today’s circular be contrary to the assurance given by the Union Home Minister,” the committee added.
Earlier, police had put in abeyance the implementation of the Lieutenant Governor’s 13 August notification—which allowed police stations to set up video conference facilities and record statements of police officials virtually instead of appearing physically in court during a trial—until the meeting of the Home Minister and the Bar bodies.
The latest development came against the backdrop of a nearly week-long protest by lawyers across all district courts in Delhi, as well as condemnation from Bar associations of the Supreme Court and the Delhi High Court following the L-G’s notification.
Lawyers say they are opposing the notification as the absence of a fair trial will lead to wrongful convictions and compromise fairness and the overall process of collecting evidence.
The legal fraternity has expressed concerns that a fundamental change was being brought about to the procedure of trial, without consulting the Bar, the judiciary or other key stakeholders.
A Special Commissioner of Police wrote in a letter to the district courts on Thursday that only “formal police witnesses” should be examined through video conferencing, while “material police witnesses” may continue to appear “in physical mode”.
“This would ensure that while the objective of expediting proceedings and reducing delays is met, the sanctity and efficacy of examination of crucial witnesses is also maintained,” he said.
He added that if the defence requests a police witness examination in “physical mode”, the judge may allow it on merit, facilitating the smooth implementation of new virtual examination rules under the witnesses in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Senior police officers said that a distinction was made between police officers and personnel based on their critical role in a trial proceeding. Hence, permission was sought to allow virtual deposition of those whose testimony was limited to confirming or denying an official record.
“These formal witnesses whose virtual deposition has been sought are mostly clerical staff, readers, recordkeepers, whose testimonies do not alter the course of the trial and its conclusion in a big way. Hence, this has been requested. Even in the case when it is deemed essential to examine them in court physically, the judges can decide based on each case,” a senior Delhi Police officer told ThePrint.
(Edited by Sugita Katyal)
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