SCAORA Demands Withdrawal Of Delhi LG's Notification Allowing Police Officers To Give Evidence From VC Rooms In Police Stations

The Supreme Court Advocates on Record Association has passed a resolution condemning the Delhi Lieutenant Governor's notification allowing police personnel to give evidence in trials from police stations through VC.

In a unanimous resolution, SCAORA, through its Secretary Advocate Nikhil Jain said the August 13, 2025 notification undermines the sanctity of judicial proceedings and risks creating an “institutional imbalance” between the investigative machinery and the judiciary.

“It is of equal concern that such a notification creates a perception of institutional imbalance, whereby the machinery of investigation is permitted to intrude upon and influence the solemn process of judicial proof,” the association said.

The lawyers' body stressed that courts function as open public forums accessible to litigants, advocates, and citizens, while police stations are restricted executive facilities. Testimonies delivered in such a controlled environment, even through electronic means, could raise apprehensions about undue influence or manipulation of evidence.

SCAORA also expressed regret that the notification was issued without prior consultation with either the judiciary or representative bodies of the Bar. “Both are essential stakeholders in the justice delivery system,” the statement noted, urging the Lieutenant Governor to withdraw the measure and initiate a comprehensive dialogue before considering any such procedural reforms.

Reaffirming its commitment to constitutional values, judicial independence, and the fair administration of criminal justice, SCAORA emphasized that the venue and atmosphere of testimony matter significantly to maintaining public faith in judicial processes.

Last week, the Supreme Court Bar Association, the Delhi High Court Bar Association as well as the Coordination Committee of the Delhi District Court Bar Associations had issued resolutions condemning the Delhi LG's notification.

The lawyers of the Delhi trial courts are holding public protests demanding the withdrawal of the notification.

The LG's notification is issued as per second proviso to section 265(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for witnesses to be examined by “audio-video electronic means” at a designated place notified by the state government.

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.