Delhi High Court To Hear Next Week PIL Against LG Notification Allowing Police Officers To Depose Virtually

A PIL was mentioned before the Delhi High Court today against a notification issued by Delhi Lieutenant Governor (LG) VK Saxena declaring all police stations in the national capital as “designated places” for recording deposition of police officers through video conferencing.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela listed the matter for hearing on Wednesday, next week.

The plea was mentioned before the Bench by a lawyer. While listing the matter for hearing on September 03, the Court said:

“You file it. It will be listed on Wednesday.”

Another PIL has been filed by lawyer Kapil Madan impugning the notification saying strikes at the very root of the right to fair trial under Article 21 of the Constitution of India by authorising prosecution witnesses, i.e., police officials, to depose from within their own official precincts.

Today, the Delhi High Court Bar Association urged the lawyers to wear “black ribbons” while appearing in the Court as a mark of protest till the notification is not withdrawn.

On August 21, the Coordination Committee of all district court bar associations in the national capital resolved to go on strike as a protest against the notification. The strike continued today too.

The notification states that the 226 police stations in the national capital were “designated” as places from where the police officials can depose before the Courts through video-conferencing mechanism and present their evidence.

Second proviso to Section 265(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) allows witnesses to be examined by audio-video electronic means at a designated place notified by the State Government.

Section 308 of the BNSS states all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused.

It adds that when the personal attendance of the accused is dispensed with, the process can be undertaken in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government.