Following Lawyers’ Strike, Delhi Police Directs All Officers to Appear Physically in Criminal Trials
Delhi Police Orders Physical Court Presence in Criminal Trials
The Delhi Police on Monday has directed that all its officers and personnel must physically appear before trial courts in criminal cases for deposition and evidence.
The circular, issued with the approval of the Commissioner of Police, Delhi, stated: "In partial modification of the earlier letter no.9860-72/CP Sectt/PHQ dated 04.09.2025, it is hereby directed that in all criminal trials, all police officers/personnel shall physically appear before the Hon’ble Courts for the purpose of deposition/evidence.”
The direction marks a shift from the earlier practice, which allowed flexibility in the mode of appearance, and comes amid strong demands from the bar associations in the capital for ensuring physical presence of investigating officers and witnesses to maintain the integrity of trial proceedings.
The Coordination Committee of All District Bar Associations of Delhi had recently reiterated its stand that virtual appearances by police personnel compromised the fairness of trial, stressing that only physical depositions could ensure proper cross-examination and transparency. The new order aligns with these concerns and puts an end to ambiguity regarding the presence of police officers in ongoing and future trials.
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. 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.
“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: Commissioner for Police
Circular date: September 8, 2025