LG’s Notification On Virtual Evidence From Police Stations Compromises Fair Trial, Says Delhi HC

The Delhi High Court on Wednesday, September 10, said the notification issued by the Delhi Lieutenant Governor permitting police officials to present evidence virtually from police stations “prima facie compromised the concept of fair trial.”

A division bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela made the observation while hearing a plea by advocate Raj Gaurav. The petition challenges the LG’s notification designating all police stations in the National Capital Territory as venues for police personnel to depose before courts via video conferencing.

Gaurav's plea argues that the notification, along with Sections 265, 266, and 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023, undermines the fairness and neutrality of criminal trials by permitting examination and cross-examination of witnesses inside executive-controlled premises.

During the hearing, the bench clarified that it was not disputing the LG’s power to notify such venues. However, it said the issue was the choice of police stations. “You have the authority to identify a designated place, no doubt about that. But why police stations?” the court asked.

The judges further remarked that the right to a fair trial requires ensuring that an accused is able to fully hear and contest the evidence against them. “Depositions by prosecution witnesses are to take place in the presence of the accused precisely to guarantee fairness,” the bench said, adding that such proceedings ought to happen in a neutral environment rather than one tied to the prosecuting agency.

The bench also asked Gaurav, who appeared in person, whether the August 13 notification was being acted upon. Gaurav responded that it was being “partially acted upon,” and stated that Delhi Police had been issuing circulars on it from time to time.

At this stage, Additional Solicitor General Chetan Sharma, appearing for the Union, sought time to obtain instructions. The court then adjourned the matter and tagged it along with similar petitions. The matter will next be heard on December 10, 2025.

The plea before the high court states that such a mechanism erodes the adversarial structure of criminal justice, heightens the risk of coercion, tutoring, and fabrication of evidence, and transforms trials into a mere formality, thereby violating the right to a fair trial under Article 21.

“By granting the executive unchecked discretion to notify venues for evidence recording, the notification and provisions impugned strike at the principles of judicial independence, transparency, and due process guaranteed by Articles 14, 21, and 50 of the Constitution. The impugned notification and statement are illegal, unconstitutional, and ultra vires as they violate the principle of open justice, undermine the right to fair trial under Article 21, and amount to executive overreach into judicial functions, contravening the separation of powers doctrine. By allowing depositions from police-controlled premises, the notification creates apprehension of bias, intimidation, and manipulation of evidence, thereby eroding public confidence in the justice delivery system,” the plea adds.

On September 3, a similar 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.

Lawyers across the 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.

However, in a recent circular issued by the Delhi Police, all its officers and personnel were directed to 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.”

Case Title: Raj Gaurav v. Union of India & Ors

Hearing Date: 10 September 2025

Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela

With PTI inputs