The Delhi High Court on 10 September 2025 raised serious concerns over a notification issued by the Lieutenant Governor of Delhi that permitted police officers to testify from police stations through videoconferencing. A bench led by Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela remarked that the move prima facie compromises the concept of fair trial.

The judges clarified that while the LG does have powers under Section 265(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to designate locations for such virtual depositions, choosing police stations as those venues was questionable given their executive control and possible impact on witness neutrality.

The court stressed that the right to a fair trial, protected under Article 21 of the Constitution, could be undermined if testimony is delivered in an environment dominated by the police, which may weaken the defense’s ability to cross-examine witnesses effectively. The remarks came while hearing a Public Interest Litigation (PIL) filed by lawyer Raj Gaurav, who pointed out that the notification has been enforced inconsistently, with multiple modifications and withdrawals creating confusion.

The bench observed that any statutory provision or executive order must still meet constitutional standards, particularly under Articles 14 and 21, and questioned whether the LG’s directive could pass such scrutiny. ASG Chetan Sharma, appearing for the Union, assured the court that the concerns raised would be addressed. The matter will be heard next on 10 December 2025, along with a related PIL.

The controversy began in August 2025, when the LG designated all Delhi police stations as approved sites for video-based depositions, citing efficiency in judicial processes. This was strongly opposed by bar bodies including the Bar Council of India, the Supreme Court Bar Association, and the Delhi High Court Bar Association, who warned that such a move compromises impartiality. Their protests triggered a six-day lawyers’ strike from 22 August, which was suspended only after an assurance from a representative of Union Home Minister Amit Shah that the order would not be implemented without wider consultation.

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