Why lawyers across Delhi’s courts went on strike over L-G’s notification

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Delhi’s lawyers on Thursday (August 28) called off their strike protesting a notification by the Lieutenant-Governor allowing police to virtually present evidence in courts from police stations, after the Police Commissioner’s office assured that “the Union Home Minister would meet the representatives of the Bar to discuss the issue with an open mind.”Hundreds of lawyers in the city had responded to a circular calling for a strike issued by the Coordination Committee of all District Court Bar Associations in Delhi last week. The Committee represents 1.65 lakh registered lawyers in the Capital.“No advocate shall appear either in physical or virtual mode before courts. All the advocates are requested to cooperate. If any advocate is found appearing before any court either physically or virtually, strict action shall be taken,” the circular read.The Delhi High Court Bar Association and the Supreme Court Bar Association also condemned the LG’s notification, siding with the trial court lawyers. Here is what to know.As per the notification, Delhi Police officers have been allowed to provide evidence in court via videoconferencing (VC) from police stations. This marks a departure from the current requirement for officers to be physically present in court to examine police witnesses who support their case.A note issued by the Raj Niwas earlier had stated that it will “drastically” reduce the time police spend travelling to courts, which are in far-off areas, across the Capital. Over 2,000 Delhi Police officers depose before various courts every day.In essence, the city’s 226 police stations have been notified as “designated places” from where police officers can provide evidence through video conference.Story continues below this adAlso Read | Why has the government banned online money games, and what could be the economic impact of the new law?BNSS Section 265, titled ‘Evidence for prosecution’, states: “Provided further that the examination of a witness under this subsection may be done by audio-video electronic means at the designated place to be notified by the State Government.”In essence, this section gives state governments the power to designate places for evidence.Why have lawyers opposed this?Currently, there are approximately 13.5 lakh pending criminal cases in Delhi’s trial courts — a majority of which are being investigated by the Delhi Police. While the L-G has cited saving time to expedite cases as a rationale for the move, lawyers have termed it “anti-justice”.“This notification is against the principle of free and fair trial for accused persons,” said Advocate Tarun Rana, Secretary of the New Delhi Bar Association and Additional Secretary General of the Coordination Committee.Story continues below this ad“Suppose there are two police witnesses that we (defence counsel) are examining one after the other… one of them is made to stay outside the court. He doesn’t know what we’re asking the other witness. This way, we can verify and point out contradictions in statements of police witnesses,” he said.“But if this whole process is allowed through VC, won’t every police witness know each other’s statements? There would be zero contradictions…,” he added.The lawyer added that when police officers physically appear before the court, the judge can examine the demeanour of the witness — something which won’t be possible online.“Seizure memos and case properties are usually checked by judges for tampering of seals and so on… this might also run into problems,” Rana said, adding that this procedure of assigning police stations as ‘designated’ places is not followed anywhere else in the country.Story continues below this adLawyers also pointed to a circular issued by the Home Secretary last July, noting that “police stations or the place under the control of the Police Department may not be designated as a place for examination of witnesses through audio-video electronic means.”“Can state law simply override Central law like this? This is totally illegal,” said advocate Puneet Dhawan, who practises in the trial court. “Until the old notification has been held null and void, the new notification can’t supersede it,” he said.There is a huge difference between appearing physically and appearing through VC, advocate Dhir Singh Kasana added. “Every day, at least 20 officers from each station are giving evidence… Is there enough space and infrastructure at the police stations?” he asked.How have political parties responded?The Aam Aadmi Party has criticised the notification. On Sunday, AAP Delhi Convenor Saurabh Bharadwaj accused the L-G of issuing an “absurd dictatorial decree” and ignoring lawyers’ concerns. He questioned the feasibility of police giving testimony via video conference from police stations.Story continues below this ad“Lawyers across all district courts of Delhi have been on strike since Friday. The Lieutenant Governor does not want to listen to the lawyers. On August 13, he issued an absolutely absurd and dictatorial order under which police officers can sit inside police stations and give testimony through video conferencing,” he had said, adding that the move would openly encourage false depositions.On Tuesday, Delhi Pradesh Congress Committee Devender Yadav joined the protesting lawyers at Tis Hazari Court.