NEW DELHI: For the past several days, advocates across the national capital have been staging protests against a recent notification from the Lieutenant-Governor, which mandates dedicated witness rooms for police officials within police stations.
The lawyers stated that placing witness rooms under police control compromises the fundamental right of every citizen to a fair and impartial trial. However, police officials largely maintained that it would save their time and resources.
The Raj Niwas issued a circular on August 12, in which Delhi Lieutenant-Governor V K Saxena approved notifying all police stations in Delhi as “designated places” from which police officers can provide evidence through video conferencing. This would ensure that police officers, dealing with various cases, are no longer required to travel and physically attend court proceedings, thereby saving a great amount of time and resources by deposing cases through video conference.
However, a police statement on Thursday said, “In view of the above, to address and resolve the concerns, it has been decided that the Union Home Minister would meet the representatives of the Bar to discuss the issue with an open mind. In the meantime, the implementation of the said notification on the ground would only be carried out after hearing all the stakeholders.”
On the other hand, the coordination committee of the All District Courts Bar Association of Delhi has submitted its representation on this matter to the Lieutenant-Governor of Delhi and the Chief Minister.
National Capital Bar Association (NCBA) Secretary General, Advocate Vineet Jindal, said, “It empowers the police personnel to influence witnesses, destroys the independence of criminal proceedings, and reduces the principle of free and fair justice to a mockery. This move is nothing less than a direct assault on the rule of law, the independence of the Bar, and the constitutional rights of all the litigants.”
He said advocates were the guardians of justice and the first line of defence for citizens’ rights, and any unilateral decision was unacceptable. “The strike has been called not merely to protect the interests of the legal fraternity but to safeguard the fundamental rights of citizens and preserve the sanctity of the justice system itself. Until this unconstitutional notification is withdrawn and meaningful dialogue with the Bar is initiated, the strike shall continue with full strength,” he said.
Saket Court Bar Association president Rajpal Kasana and advocate Akarshan Bhardwaj said, “The notification will hamper the rights of the accused persons and interfere with the dispensation of justice to all. All the district bar associations are protesting against this arbitrary notification tooth and nail and will continue to do so until the same is withdrawn.”
A police official said the notification was beneficial. “When a policeman goes to court to attend the proceeding or submit the evidence, it takes considerable time and resources, too. Sometimes, the proceedings are adjourned due to several reasons, which also hampers other police work. With this system in place, the policemen can use the time and energy on other critical duties,” the official stated.
Another officer pointed out that investigating officers are often overburdened with multiple cases. He explained, “Since all the work is now being done or in the process of shifting to digital platforms, integrating this system digitally would allow officers to manage work effectively without being physically present every time. One investigating officer has several cases to investigate and submit a response in the relevant court for trial. Many cases are pending, which creates an extra burden on both the police and the court. The law and order situation and the security arrangements in the jurisdiction, several times, also make it tough for the IOs to attend the proceedings in person.”
There are 226 police stations across the city. These include 179 territorial police stations, 16 metro police stations, 15
cyber police stations, 8 railway police stations, 2 Crime Branches, 2 IGI Airport police stations, 1 Economic Offence Wing, 1 Special Cell, 1 Crime Against Women unit, and 1 Vigilance unit. According to Delhi Police estimates, on average, nearly 2,000 police officers depose before various courts every day.