SCAORA Demands Withdrawal of Delhi LG’s Police Station VC Order

SCAORA warned that the notification risks creating a dangerous “perception of institutional imbalance,” permitting the machinery of investigation to intrude upon the solemn process of judicial proof.

“Even if conducted through electronic means, the venue and atmosphere of testimony matter significantly to the public’s faith in its independence,” the association said, cautioning that police stations, being executive-controlled spaces, could raise concerns of evidence curation or undue influence.

By contrast, Courts are open public forums accessible to litigants, Advocates, and citizens, where the administration of justice is subject to scrutiny and transparency.

The association expressed regret that such a measure was issued without prior consultation with either the judiciary or representative bodies of the Bar, both of whom it described as “essential stakeholders in the justice delivery system.”

SCAORA has urged the LG to immediately withdraw the notification and instead initiate a comprehensive consultative process involving the judiciary, the Bar, and other stakeholders before considering any similar procedural reforms in future.

Reiterating its stance, SCAORA emphasized its “unwavering commitment to constitutional values, the independence of the judiciary, and the fair and transparent administration of criminal justice.”

The controversy comes amid mounting opposition within Delhi’s legal fraternity. The standoff between the Bar and the executive is expected to escalate if the notification is not rolled back, with senior lawyers warning that the move strikes at the very core of the public’s faith in judicial processes.

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

Yesterday, a Public Interest Litigation (PIL) was filed before the Delhi High Court challenging the legality of the notification. The PIL assails 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 strikes 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 said in a circular that its meeting with the Chief Minister had yielded “no concrete result.”

The Bar Council of India has also expressed strong concern over a notification issued by the Lieutenant Governor of Delhi. In a communication addressed to the Lieutenant Governor, the BCI warned that the move could undermine the rights of the accused and weaken the integrity of trial proceedings. The BCI urged the immediate withdrawal of the notification and urged 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, the Lieutenant Governor of Delhi recently amended the schedule of designated video conferencing centres.

With this change, all police stations in Delhi have been formally declared as “designated places” for the deposition of police officers. This includes 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 now allows 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 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 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides that the examination of a witness can 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 mandates that all evidence in a trial or proceeding must be recorded in the presence of the accused or, if the accused’s personal attendance is dispensed with, in the presence of their legal representative. The LG's notification made clear that “the amendment came into force with immediate effect".

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.

Bar leaders claimed the notification undermines fair trial standards and warned of indefinite agitation if their demands are not met. The strike has 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 have defended the strike, citing concerns over the integrity of trials. Advocates argue that permitting police officers to depose virtually from police stations compromised transparency and created scope for external prompting of witnesses.

Resolution By: Supreme Court Advocates on Record Association

Resolution Date: August 27, 2025