BCI, Bar Associations unite against Delhi LG's notification on recording testimonies

New Delhi [India], August 25 (ANI): The Bar Council of India (BCI) has come out in support of Delhi's bar associations, opposing the Lieutenant Governor's recent order that allows police officials to give their testimony from police stations through video conferencing.
In a strongly worded letter to Lieutenant Governor VK Saxena, the BCI said the August 13 notification strikes at the heart of the principles of natural justice and undermines the right to a fair trial.
The Council, led by Rajya Sabha member Manan Kumar Mishra, along with Co-Chairman Ved Prakash Sharma, urged the LG to withdraw the order with immediate effect. While acknowledging that technology can play a constructive role in speeding up criminal trials, the BCI said recording testimonies from police stations institutions controlled by the investigating agency itself risks eroding the credibility and independence of witness statements.
"Evidence can only be recorded in the court in the physical presence of the witness," the Council wrote, stressing that the presence of police witnesses in a neutral courtroom is integral to ensuring fairness and transparency in criminal proceedings.
The letter underlined three main objections. First, the right to a fair trial demands that testimony be given in an environment free from influence. Second, effective cross-examination, considered the "heart of criminal trial", is impaired when a witness is examined via video link, as lawyers lose the ability to properly confront documents, observe demeanour, and assess body language. Third, shifting depositions out of the courtroom reduces judicial oversight and heightens the risk of procedural errors.
The BCI also criticised the government for bypassing key stakeholders, saying it was "surprised and disappointed" that the Bar was not consulted before issuing a directive with such far-reaching consequences. "We are committed to technological progress," the Council said, "but such changes must emerge through discussion involving the Bar, the Judiciary, and all stakeholders, so that efficiency does not come at the cost of fairness."
The country's top statutory body for lawyers has made it clear that it views the notification as a step back for justice delivery, and one that must be rolled back without delay. (ANI)