District Bar Associations in Delhi to Begin Indefinite Strike Over Virtual Recording of Police Evidence

The Coordination Committee of all District Bar Associations of Delhi on Friday 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.

Thus, the Coordination Committee strongly condemned the circular of the Delhi Police Commissioner, saying it “categorises formal and material witnesses, leaves discretion about appearance to the concerned court, and hands over the entire jurisdiction of physical appearance to the court, which was never discussed in the meeting,” the circular said.

“This circular is not only against the concept of free and fair trial but also curtails the right of an accused to defend himself. It is contrary to the assurance given by the Union Home Minister,” the Coordination Committee said.

Calling the notification “arbitrary and illegal”, the Committee announced a “complete indefinite abstention from work in all District Courts of Delhi from September 8” and called for an intensification of the strike.

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.

On August 26, the Coordination Committee of All District Courts Bar Associations had said in a circular that its meeting with the Chief Minister had yielded “no concrete result.”

The Bar Council of India had also expressed strong concern over the notification issued by the Lieutenant Governor of Delhi. In a communication addressed to the Lieutenant Governor, the BCI had warned that the move could undermine the rights of the accused and weaken the integrity of trial proceedings. The BCI had urged the immediate withdrawal of the notification and demanded that police officials’ evidence continue to be recorded in person before the court.

The notification was issued under the Bharatiya Nagarik Suraksha Sanhita, 2023, and in continuation of an earlier notification dated July 17, 2024.

With this change, all police stations in Delhi were formally declared as “designated places” for the deposition of police officers. This included 179 territorial stations, as well as units of the Railways (8), Metro (16), Cyber (15), Crime (2), Special Cell (1), IGI Airport (2), Economic Offences Wing (1), Crimes Against Women (1), and Vigilance (1). The measure allowed police officers to give testimony from their respective stations through video conferencing, rather than appearing physically in court.

The LG's August 13, 2025, notification had stated: “In exercise of the powers conferred by the second proviso to sub-section (3) of Section 265, read with the second proviso to sub-section (2) of Section 266 and Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), and S.O. 2506(E) dated 28 June 2024 issued by the Ministry of Home Affairs, Government of India, and further in continuation of this Government’s notification issued vide No. F.9/71/2024/Home(G)/2053-2071 dated 17 July 2024, the Lt. Governor, Delhi, hereby amends the Schedule appended to the aforesaid Notification.”

The second proviso to Section 265(3) of the BNSS, 2023, provided that the examination of a witness could be conducted through audio-video electronic means, but only at a designated place notified by the State Government.

Further, Section 308 of the BNSS, 2023 mandated that all evidence in a trial or proceeding must be recorded in the presence of the accused or, if the accused’s personal attendance was dispensed with, in the presence of their legal representative.The LG's notification had made clear that “the amendment came into force with immediate effect.

The Executive Committee of the Delhi High Court Bar Association had condemned the LG's notification, stating: “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 Supreme Court Bar Association (SCBA) had also strongly condemned the notification issued by the Lieutenant Governor. In a statement released by its President and Executive Committee, the SCBA had described the move as “arbitrary, unlawful, and against the principles of natural justice.”

The Association had warned that the measure not only undermined the sanctity of judicial proceedings but also compromised the fairness of the process. Bar leaders had claimed the notification undermined fair trial standards and warned of indefinite agitation if their demands were not met.

The strike had disrupted court functioning across the capital, with several proceedings adjourned. While urgent custody matters were heard, most trial hearings were deferred. Representatives of the Coordination Committee of All District Bar Associations of Delhi had defended the strike, citing concerns over the integrity of trials.

Advocates had argued that permitting police officers to depose virtually from police stations compromised transparency and created scope for external prompting of witnesses.

Circular By: Coordination Committee, All District Courts Bar Association of Delhi

Circular Date: September 4, 2025