Bar Council Expresses Disappointment Over Lack of Consultation in LG Saxena’s Notification
(Syed Ali Taher Abedi)
New Delhi, Aug 25: The Bar Council of India (BCI) has expressed serious concern over a recent government notification mandating police witnesses to testify via video conferencing from their respective police stations, warning that the move could undermine the fundamental rights of the accused and the integrity of trial proceedings.
In a formal statement, the BCI, the statutory body under the Advocates Act, 1961, said it was “surprised and disappointed” that it was not consulted before the notification was issued. While acknowledging the value of technology in expediting trials and reducing the burden on law enforcement, the Council insisted that the physical presence of witnesses in court is essential to uphold the right to a fair trial.
“Fair trial is a cornerstone of our legal system,” the statement said. “When a witness testifies from a police station—a location under the control of the investigating agency—it can affect the spontaneity and credibility of their testimony.”
The Council further stressed that remote testimonies would hinder effective cross-examination, a key element in ensuring justice. It argued that observing a witness’s body language, expression, and behaviour—critical aspects of courtroom examination—would not be possible through video conferencing.
The statement is signed by Co-Chairman and Chairman of BCI Mr. Ved Prakash Sharma and Manan Kumar Mishra Respectively
Highlighting the risk of diminished judicial control, the BCI noted that removing testimony from the courtroom environment increases the chance of procedural errors and weakens a judge’s authority over the proceedings.
Reaffirming its support for technological advancements in the justice system, the Bar Council, however, emphasized that such sweeping changes to criminal procedure should only follow collaborative dialogue with the judiciary, legal professionals, and other stakeholders.
“We request the immediate withdrawal of the said notification and urge that all police witness testimonies be recorded in person before the court,” the statement concluded.
