BCI Chairman Urges Delhi Bar to Call Off Indefinite Strike, Invites for Joint Meet on Sept 8

BCI Chairman and Senior Advocate Manan Kumar Mishra urged the Delhi Bar to recall its strike call, warning that repeated boycotts hurt litigants and weaken the profession’s credibility

Update: 2025-09-06 10:24 GMT

BCI Chairman appeals to the Delhi Bar to call off its indefinite strike over police witness video conferencing, urging dialogue with Bar Councils instead

Bar Council of India (BCI) Chairman and Senior Advocate Manan Kumar Mishra has appealed to the Delhi Bar Association to defer or recall its indefinite strike call beginning September 8, 2025, over the issue of police witnesses deposing through video conferencing from police stations.

In a detailed letter dated September 6, 2025, addressed to Delhi Bar Association President D.K. Sharma, Mishra acknowledged that the Coordination Committee had raised a genuine concern regarding the Delhi High Court’s July 4, 2025 notification and the subsequent order of the Lieutenant Governor designating police stations as video conferencing venues.

Mishra noted that the matter had already been constructively addressed by the Union Home Minister, who assured that concerns of the Bar would be heard with an open mind, and by the Delhi Police Commissioner, who on September 4 issued a circular clarifying that only formal police witnesses would depose via video conferencing. According to the circular, material police witnesses may continue to depose in person, and courts may allow physical examination of police witnesses on a defence request.

“Repeated abstentions from work are causing grave hardship to litigants, including under-trial prisoners and victims of crime, and also to those advocates eager to discharge their professional duties,” Mishra wrote, reminding that this was the fourth or fifth strike call in 2025. He cautioned that frequent boycotts could weaken the credibility of the profession, especially since the Supreme Court has consistently held that lawyers have no right to strike.

Mishra urged the Coordination Committee to avoid unnecessary disruption and instead participate in a joint meeting with the Bar Council of India and the State Bar Council of Delhi, scheduled for September 8 at 5 pm in the premises of BCI. “The more constructive way forward would be to build upon the concessions already secured and to discuss the matter with the highest representative bodies of the profession,” Mishra stated, adding that repeated strike calls risk exposing the Bar to “mockery or criticism” and could create the impression that associations go on strike without sufficient cause.

He stressed that preserving the dignity and credibility of the Bar required dialogue, not repeated abstention from court work, and that the proposed meeting offered the strongest platform for ensuring the Bar’s voice was heard and acted upon.

Notably, the Coordination Committee of all District Bar Associations of Delhi on Friday (September 5), announced an indefinite strike in all district courts of the capital, beginning Monday, September 8, in the wake of a September 4 circular issued by the office of the Delhi Commissioner of Police allowing examination of police witnesses via audio-video electronic means from police stations.
On September 2, a delegation of the Coordination Committee and the Bar Council of Delhi had met the Union Home Minister to register their opposition to an August 13 notification issued by the Lt Governor designating police stations as the place to record evidence of police officials. The lawyers’ body said the Home Minister had assured them that a clarification would be issued to ensure examination of police officials does not take place from police stations. However, it said Friday’s circular “is not in line with the final outcome and assurance given.”

“After deliberation and discussion, it was assured by the Union Home Minister that an official correspondence/circular shall be issued to clarify that the examination of police officials shall not take place from the police stations. However, today's communication from the office of the Commissioner of Police is not in line with the final outcome and assurance given by the Union Home Minister to the delegation of the Coordination Committee and representatives of the Bar Council of Delhi,” the statement read.

On August 20, 2025, the ongoing agitation by lawyers in Delhi against the August 13 notification of the Lieutenant Governor was suspended after Union Home Minister Amit Shah agreed to meet Bar representatives to resolve their concerns.

The controversial notification, issued by the Delhi government on August 13, had designated all police stations in the capital as places for police personnel to present evidence and depose before courts through video conferencing. Lawyers had termed the move a “Kala Kanoon,” arguing that it diluted open court principles, undermined fair trial rights, and disproportionately empowered the police.

The Coordination Committee of All District Courts Bar Associations had submitted representations to both the Delhi Chief Minister and the Lieutenant Governor earlier that month, objecting to the measure. They maintained that forcing virtual depositions from police stations would erode transparency and restrict meaningful cross-examination.

Lawyers across Delhi district courts abstained from work as they protested against the Lieutenant Governor’s notification. The legal fraternity had called the notification illegal, arbitrary, and against the basic tenets of a fair trial.

On September 3, 2025, a Public Interest Litigation (PIL) was filed before the Delhi High Court challenging the legality of the notification. The PIL assailed the legality, validity, and constitutional propriety of the order issued by the Home (General) Department, GNCTD, with the approval of the Lieutenant Governor. According to the plea, the notification struck at the very root of the right to a fair trial under Article 21 of the Constitution by permitting prosecution witnesses, namely police officials, to depose from within their own official precincts.

Recently, the Executive Committee of the Delhi High Court Bar Association condemned the LG's notification. “The Executive Committee of the Delhi High Court Bar Association is of the firm view that the said notification ought to be withdrawn as it is against the basic tenets of justice and the principle of fair trial. Its implementation will jeopardise the trial process and adversely impact the outcome of such trials,” the Delhi High Court Bar Association said.

The Supreme Court Bar Association (SCBA) also strongly condemned the notification issued by the Lieutenant Governor.In a statement released by its President and Executive Committee, the SCBA described the move as “arbitrary, unlawful, and against the principles of natural justice". The Association warned that the measure not only undermines the sanctity of judicial proceedings but also compromises the fairness of the process.

Letter by: BCI Chairman and Senior Advocate Manan Kumar Mishra 
Letter Dated: September 6, 2025



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