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regular-article-logo Tuesday, 26 August 2025

Bar worry over police testimony elbow room, cites fair trial concerns

Lawyers in district courts have been abstaining since Friday to protest the government’s decision to permit police personnel to depose from their stations

Our Bureau Published 26.08.25, 06:47 AM
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Representational image File picture

The Bar Council of India on Monday expressed concern over the recent notification issued by the Delhi lieutenant governor mandating that police depose or give evidence from their stations via electronic means instead of physically appearing in courts as has been the practice for over a century.

Lawyers in district courts have been abstaining since Friday to protest the government’s decision to permit police personnel to depose from their stations.

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“Although we recognise the importance of expeditious trials and the benefits of technology in alleviating the burden on law enforcement, implementing this measure in its current form would significantly compromise the rights of the accused and the integrity of trial proceedings. Evidence can only be recorded in the court in the physical presence of the witness,” said Ved Prakash Sharma, co-chairperson of the council.

The council noted that the right to a fair trial is a cornerstone of the legal system, which includes the physical presence of a witness in court.

“When a witness testifies from a police station — a space controlled by the very same department that’s investigating the case — it can undermine the credibility and spontaneity of their testimony,” the council said.

Two new judges

The Supreme Court collegium, in a meeting held on Monday, recommended the elevation of Bombay High Court Chief Justice Alok Aradhe (parent high court Madhya Pradesh) and Justice Vipul Manubhai Pancholi, Chief Justice, High Court of Judicature at Patna (parent high court Gujarat), as judges of the Supreme Court.

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