Delhi Lawyers Refuse to Recall Indefinite Strike From Sept 8 Despite BCI Chairman’s Appeal

Delhi Lawyers Refuse to Recall Indefinite Strike From Sept 8 Despite BCI Chairman’s Appeal
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Delhi Lawyers to Continue Indefinite Strike From Sept 8, Reject BCI Chairman’s Appeal

Despite BCI’s appeal, Delhi lawyers to begin indefinite strike on September 8 over demand that police witnesses depose only in person and not via video conferencing

The Coordination Committees of all Bar Associations of Delhi’s district courts have decided not to defer or recall their proposed indefinite strike beginning September 8, despite an appeal from the Bar Council of India (BCI) to call it off.

In a communication issued on Saturday (September 6), the New Delhi Bar Association (NDBA) said the strike will proceed as planned against the practice of police personnel presenting evidence in courts virtually from police stations. “We firmly stand on our demand and reiterate that police personnel have to appear only in physical mode in the courts for the purpose of deposition/evidence,” the statement read.

NDBA secretary Tarun Rana confirmed that the bar associations had received a letter from BCI Chairman Manan Kumar Mishra urging them to withdraw the agitation. However, he said the strike would continue until their “genuine demand” was met.

“It has been unanimously resolved that if our demand; that all police officials appear physically before the court for deposition/evidence, which is in the benefit of the public at large for the purpose of a fair and free trial, is not acceded to, we shall continue with our call for indefinite abstention from work from September 8, and the same shall be in more intensified manner,” Rana said.

The Coordination Committee of all District Bar Associations of Delhi, in a meeting held at Patiala House Court on September 6, unanimously reaffirmed its stand that police personnel must appear physically before courts for deposition.

Rejecting the appeal made by the Chairman of the Bar Council of India to withdraw the agitation, the Committee said the protest was being carried out in the larger public interest to secure the right to a fair and free trial. It was further resolved that if the demand is not accepted, lawyers will continue their indefinite strike from September 8, 2025, and intensify the agitation in the coming days.

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.

Circular by: Coordination Committee of all District Bar Associations
Circular Dated: September 6, 2025

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